[OSM-legal-talk] Are Produced Works anti-share alike?

[Richard Fairhurst]

80n wrote:
> I may have got this all wrong but it seems to me that Produced Works 
> are potentially compatible with most licenses, but are not compatible 
> with most share alike licenses.  I hope this isn't right and that someone 
> can explain the flaws in my reasoning.

It's an interesting one. I can't say I've thought about it a huge amount,
but have been wondering about it in the last week and there are three things
that spring to mind. I'm not putting these up in the form of an argument, I
know you SA types seem to take great sport in shooting me down at every
possible opportunity but I'm genuinely trying to be helpful here. ;)

1. Creative Commons licences define "Work" (which you're quoting in the case
of 4a) as "the copyrightable work of authorship offered under the terms of
this License" (1e). I.e., as we know by now, CC-BY-SA is defined and
enforced by copyright.

So 4a may not, in my reading, forbid conditions being added by contract or
database right, because these are simply outside the scope of the CC
licence. Very often CC-BY-SA items will be conveyed with contractual
restrictions: Andy A cited the other day that the cycle map has its own Ts &
Cs, for example.

(There is the side issue of whether or not a CC licence actually constitutes
a contract. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1029366 is a
useful treatment and concludes that it isn't, it's a "one-sided
permission".)

2. Approaching from the ODbL angle: Identifying CC-BY-SA as "a compatible
licence" in ODbL 4.4.a.iii may remove the problem.

3. Approaching from the CC angle: Creative Commons themselves could take a
view on whether this situation is something they'd be prepared to
permit/encourage, and produce a clarification accordingly. (Ping John W?)

cheers
Richard
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