[OSM-legal-talk] hands on commercial applications

Iván Sánchez Ortega ivan at sanchezortega.es
Thu Jun 19 23:05:14 BST 2008

El Jueves, 19 de Junio de 2008, Frederik Ramm escribió:
> What you want to do is make sure you produce a *collected* rather than
> derived work, which will enable you to license different parts of it
> differently.

I think you wanted to use the words "collective work" and "derivative work" - 
it's the wording you'll find in the CC licenses and other legal texts.

> For example, imagine you would allow your users to save the flightpath in a 
> file and later generate a film sequence that re-plays the in-flight view, 
> and save that as a movie file. That movie file would contain pictures of 
> aeronautical data and OSM data and would clearly fall under CC-BY-SA. 
> Supposed your aeronautical data is under closed licensing, that would mean 
> that you cannot allow your users to give such animations to anybody as this 
> would immediately set them free unser CC-BY-SA...      

You're wrong. The file would be a collective work, and the CC-by-sa license 
explicitly allows to "distribute, publicly display, publicly perform, or 
publicly digitally perform the Work [...] as incorporated in a Collective 
Work, but this does not require the Collective Work apart from the Work 
itself to be made subject to the terms of this License.". So, no problem.

(As long as the OSM data is attributed to OSM, the license is mentioned, yadda 
yadda yadda)

Iván Sánchez Ortega <ivan at sanchezortega.es>

Perilous to all of us are the devices of an art deeper than we ourselves
		-- Gandalf the Grey [J.R.R. Tolkien, "Lord of the Rings"]
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