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

[Richard Fairhurst]

SteveC wrote:

> First, the assumption that plotting points on a map is a derivative
> work is one I question. If the points are sourced from GPS or
> something, then you already know the lat/lon of the points. You're not
> making a derivative in just overlaying some dots. In fact, one legal
> off the record opinion I got said that deriving a point wasn't a
> derivative work either as you were deriving a fact. IMHO IANAL IANAC.

Hey, you're meant to be the one who decries IANAL in all its  
manifestations. :)

AIUI substantial referencing of points from the OSM db _could_ be an  
infringement of database right.

The other month on talk (IIRC) I suggested that, since there are  
differing opinions on this subject, we take a "corporate" view that we  
do not consider it to be an infringement, and post that as a  
"clarification" to the licence. That would solve the problem neatly.  
But (again, from memory) I think Etienne asked what would happen if  
someone used it to plot the location of lamp-posts and then  
reconstructed a road from that. IMO this isn't a problem but, again,  
it comes down to what the community wants.

Interested in the "deriving a fact" bit because that's generally more  
of a US law concept than a UK law one.

Let's ask AL.

cheers
Richard