[OSM-legal-talk] CC-BY-SA for source data, other license for rendered derivatives

[rob at robmyers.org]

Quoting Richard Fairhurst <richard at systemeD.net>:

> If you trace the geodata in the map, or use the hypothetical whizzy
> software, then what you'll create is a recreation of our geodata.
>
> Because it's more or less identical, it is therefore (c) us. Doing
> anything with it outwith our terms is an infringement.
>
> (By the same token, tracing from OS maps is an infringement, even if
> it's not byte-for-byte identical.)

In US law speak it is a "derivative work". In Berne Convention speak it is an
"adaptation".

Derivation/adaptation is the trigger for the sharealike clause of BY-SA.

It is not possible to make a recognizable tracing/mash-up/use of an OSM 
map that
is not a derivative work. If you can recognize it, it's a derivative. This is
important for Hip Hop sampling lawsuits as well as geodata licensing. ;-)

IANAL, TINLA.

- Rob.