[OSM-legal-talk] Reverse Geocoding

tinkerbell.REMOVE.SPAM at gsmpaaiml.com tinkerbell.REMOVE.SPAM at gsmpaaiml.com
Tue Apr 8 20:37:39 BST 2008


On Fri, 04 Apr 2008 09:34:33 +0200, Iván Sánchez Ortega  
<ivansanchez at escomposlinux.org> wrote:

> El Viernes, 4 de Abril de 2008, tinkerbell.REMOVE.SPAM at gsmpaaiml.com  
> escribió:
>> IANAL, but no matter how teeny-weeny the data is, someone is using,  
>> still
>> the data comes licenced under CC-BY-SA.
>> There is no „minimal size of data” for the CC-BY-SA to apply. Hence all
>> „viral SA” elements are triggered.
> Yes, there is.

No. The CC-BY-SA still applies. There is no clause in the CC-BY-SA  
claiming data has to have this or that amount.

> [...]

> So, if your local
> jurisdiction has a fair use right [...]

Please re-read my original mail. There, I already discussed fair use.

> [...] jurisdiction has a fair use right (e.g. US)

This is a common mis-belief. There is no general fair use _right_ in the  
US. Read the citation in my original mail.

The cited paragraph §107 of the Copyright Law in the US explains clearly  
that you may “fair use” copyrighted work under certain restrictions.

For example, in the case of the question asked by Frederik, most  
conditions are not met.

IMHO, the company cannot “fair use” the work in the US and under no  
circumstances has a _right_ to “fair use” in the US.

Kind regards,

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