[OSM-legal-talk] Fwd: Re: [OSM-talk] OSM layer intoAdobe Illustrator?

[Barnett, Phillip]

Rob,

Just to clarify - I have never spoken for ITN - ITN as a company have no
idea OSM exists - this whole thing was started by me, as a private
individual, attempting to make some poor artists life easier, as I saw
him painstakingly tracing a map of Baghdad from satellite imagery, just
as I'd seen OSM doing the same thing.
It was an attempt to avoid wasteful duplication of effort, is all.

Regards

Phillip


 
 



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-----Original Message-----

From: legal-talk-bounces at openstreetmap.org
[mailto:legal-talk-bounces at openstreetmap.org] On Behalf Of
rob at robmyers.org
Sent: 27 February 2007 11:16
To: legal-talk at openstreetmap.org
Subject: Re: [OSM-legal-talk] Fwd: Re: [OSM-talk] OSM layer intoAdobe
Illustrator?

Quoting Richard Fairhurst <richard at systemeD.net>:

> You can use GPLed software to produce your own copyrighted works. If 
> you draw a map with (say) Inkscape, which is copyleft, there's nothing

> to require that your map should be copyleft.

You can make a non-GPL map with Inkscape because the map is not a
derivative of Inkscape's source code. If you released a derivative of
Inkscape's source code, it would certainly have to be GPL-ed.

If the map was licensed BY-SA and you released a derivative work of it
then you would have to BY-SA the result. This is because you have made a
derivative of it.

It is conceptually impossible to draw a map with OSM data in the same
sense that you draw a map with Inkscape. The former is illustration of
information or fact, the latter is use of a tool or machine.

So the example of drawing a map using Inkscape is not instructive.

> You can't use CC-SA data to produce your own copyrighted works.

SA is a copyright license. You create a derivative work that you hold
joint copyright on then relicense that as SA in "payment" for the right
to create the derivative. So you do create a "copyright work" by the
very act of making an SA work. What you do not do is create a
proprietary work. That is, you cannot prevent others from doing what you
have in order to disadvantage them.

> If you
> draw a map with OSM data, which is also copyleft, your whole map is 
> required to be copyleft.

Assuming that OSM data can be copylefted.

But since anyone else can regenerate the map using OSM's own tools,
there is no commercial advantage to making your map proprietary.

Unless you are trying to deny value to the community by making a
proprietary derivative. In which case I'm not sure how this is good for
OSM.

> This is why there's a school of thought that says OSM could have a 
> more appropriate copyleft licence, which says:

Appropriate for what?

> The advantages are:
>
> - More geodata for OSM. (At present, if you combine OSM data with 
> other data to make a map, you don't have to make the other data 
> available - just the finished map. Since OSM would prefer to have the 
> data than the finished maps, it's a bit of a hollow victory.)

Allowing people to make data proprietary will not result in more data
being provided to the project. That has been disproven by the history of
the BSD license.

> - Works well in ITN-type cases.

If ITN are unclear about either the license or broadcast law then I am
happy to talk to them. I have consulted on broadcast projects before.
IANAL, though.

> - Attribution requirement can be used to ensure licence compatibility 
> with other open/free licences.

BY-SA 3.0 has just been released. It has language in it to allow
compatibility with opther licenses, hopefully the FDL and FAL will be
declared compatible at some point in the future. It is therefore the
best target for compatibility.

- Rob.


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