[OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?
rob at robmyers.org
Thu Sep 2 18:04:19 BST 2010
On 09/02/2010 04:53 PM, Ed Avis wrote:
> Rob Myers<rob at ...> writes:
>> My understanding of the answer is that the data isn't what you are
>> licencing under BY-SA. You are licencing the originality/creativity
>> involved in making the produced work.
> This depends on some assumptions about copyright (that it applies only to
> originality and creativity, and not 'sweat of the brow', and in our particular
It doesn't matter whether we take a Byronic or Stakhanovite view of
copyright, the point here is that the copyrighted new stuff in the
produced work is what is being licenced under BY-SA, not the underlying
> case that it does not apply to maps or their source data), but it is held to
I don't think it assumes that. The ODbL covers database copyright where
it exists, and BY-SA produced work maps presuppose that maps are
> be true by some people, and may well be in certain jurisdictions.
> This opens an interesting possibility: why not dual-license under both ODbL and
> CC-BY-SA? If only the original/creative part is covered by copyright, then no
> licence to the data itself has been granted by offering a CC-BY-SA 2.0 licence.
> On the other hand, if it is covered by copyright, then CC-BY-SA is sufficient to
> ensure share-alike.
OSM will licence the database under ODbL and their maps under BY-SA AFAIK.
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