[OSM-legal-talk] New license: What is publication/distribution?

[Rob Myers]

On Mon, Oct 6, 2008 at 1:33 PM, Frederik Ramm <frederik at remote.org> wrote:

> I don't know if it is even possible to write down a sharp distinction
> between the two cases, but for me there is a world of difference between
> (a) giving a data base to someone whom I pay to do something with it for
> me - as if he were my employee, and (b) giving a data base to a customer
> to use as he pleases.

Precisely this distinction was drawn in the GPL version 3, for
precisely the reason you give:

http://www.gnu.org/licenses/gpl.html

"2. Basic Permissions.

[...] You may convey covered works to others for the sole purpose of
having them make modifications exclusively for you, or provide you
with facilities for running those works, provided that you comply with
the terms of this License in conveying all material for which you do
not control copyright. Those thus making or running the covered works
for you must do so exclusively on your behalf, under your direction
and control, on terms that prohibit them from making any copies of
your copyrighted material outside their relationship with you."

- Rob.