[OSM-legal-talk] Circumnavigating Share-Alike through software / now and future

Rob Myers rob at robmyers.org
Mon Oct 27 13:48:58 GMT 2008


On Mon, Oct 27, 2008 at 12:45 PM, Frederik Ramm <frederik at remote.org> wrote:

> If you instead give the customer a heavily DRMed and encrypted version
> of your data, together with some decryption/processing software and with
> an OSM data file, and make it so that the PDF is generated on the
> customer's computer, then you have moved the creation of the derived
> work one step down the chain; you can now license your software and data
> any way you like, and you can also deny your customer the right to
> distribute the derived work that he inevitably creates when running the
> software.

The PDF is a derivative/adaptation of the BY-SA OSM data.

It is therefore covered by BY-SA.

BY-SA 2.0 section 3.d allows you "to distribute copies or phonorecords
of, display publicly, perform publicly, and perform publicly by means
of a digital audio transmission Derivative Works"

http://creativecommons.org/licenses/by-sa/2.0/legalcode

So a derivative work that does not allow this cannot be made, no
matter who makes it or where.

IANAL, TINLA.

- Rob.




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