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

[Richard Fairhurst]

Rob Myers wrote:

> 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. ;-)

Sorry, but I have absolutely no idea what relevance that has to my message.

Richard