[OSM-legal-talk] New license: What is publication/distribution?
Richard Fairhurst
richard at systemeD.net
Mon Oct 6 12:53:20 BST 2008
Frederik Ramm wrote:
> There is one other thing I would hope the new license addresses,
> which is very unclear at the moment: When does something count as
> "published"?
"4.2 Notices. You must, if You publicly Use by any means and in any
form, this Database, any Derivative Database, or the Database as part
of a Collective Database: [...]"
"4.4. Share Alike. a. Any Derivative Database You publicly Use by any
means and in any form, must be only under the terms of: i. This
Licence; ii. A later version of this Licence; iii. A compatible
licence."
"4.5... c. Use of a Derivative Database wholly internally to an
organisation is not to the public and therefore does not fall under
the requirements of Section 4.4."
And from the preamble:
"'Use' - As a verb, means doing any act that is restricted by
Database Rights or copyright and neighbouring rights whether in the
original medium or any other; and includes modifying the Database as
may be technically necessary to use it in a different mode or format."
So my reading is that, at present, "wholly internally to an
organisation" would not include "off-site contractors" of the type
you describe.
cheers
Richard
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