[OSM-legal-talk] "A Creative Commons iCommons license"

[Peter Miller]

On 1 Mar 2009, at 11:44, Gustav Foseid wrote:

> On Sat, Feb 28, 2009 at 8:34 PM, Frederik Ramm <frederik at remote.org>  
> wrote:
> Not on the map per se, but if you use the map to re-create the  
> original
> database then - at least that's what I was thinking! - you are not  
> using
> your own database but you are (again) using the database compiled by  
> the
> original owner, so you need his permission to use it. This is - I
> thought - absolutely independent of the channel through which you
> received the original database.
>
> Think of CC0 (waive all database rights) or WTFPL (Can I... trace  
> from the map and sell the result?). With such licenses you can not  
> keep any databse rights.
>
> But then again, the ODbL says "[a]ny product of this type of reverse  
> engineering activity (whether done by You or on Your
> behalf by a third party) is governed by this License". I fail to see  
> how a person having access to only the Produced Work (that would be,  
> for instance, a user of an online mapping service using OSM data),  
> could be bound by the ODbL. As long as he or she does not reverse  
> engineer "on Your behalf", it seems such reverse engineering would  
> be allowed.

Agreed. I am awaiting an explanation of this one from someone 'on the  
inside' of the legal negotiations on this one.

I fail to see how one can insist on any terms on a Produced Work that  
is released as PD and I thought this was one of more important  
findings from the last time we reviewed the license (the previous  
version) and this was the reason I suggested that one would have to  
put license conditions on Produced Works. I am not aware of any  
comment from the 'inside' except for the legal council comments to Use  
Case 1 which confirms the ambiguity saying "The ODbL imposes no  
license restrictions on the Produced Works, although it does restrict  
reverse engineering the Produced Work in order to re-create the  
Database and place it under a different license."

Ihmo, If this consultation is going to be meaningful we really do need  
some authoritative voices from within the Foundation / License Team on  
the matter....  Can anyone hear us?..



Peter



>
>
>  - Gustav
>
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