[OSM-legal-talk] Computer-generated derivative

[Richard Fairhurst]

Interesting comments - thanks both.

Rob Myers wrote:
> There are two ways of looking at this:
> 1) Fred is making the work locally on his machine and that 
> this therefore won't break BY-SA.
> 
> 2) Fred is being required to give up his ability to distribute 
> the BY-SA work and its derivatives in order to receive the 
> BY-SA work through the Flash applet. This therefore breaks 
> BY-SA 4.a
>
> "[...] You may not offer or impose any terms on the Work that 
> alter or restrict the terms of this License or the recipients' 
> exercise of the rights granted hereunder. You may not 
> sublicense the Work. [...] You may not distribute, publicly 
> display, publicly perform, or publicly digitally perform the Work 
> with any technological measures that control access or use of 
> the Work in a manner inconsistent with the terms of this 
> License Agreement. [...]"
> 
> I honestly don't know which is right so it might be worth 
> asking this on the cc-licences list.

I don't think 4a does apply. You're not restricting access to the original
OSM data - a Safari user, for example, could simply open up Activity
Monitor, see that the Flash app has called in something from
openstreetmap.org, and option-double-click to extract it. To be extra sure,
the Flash app could even present a little link saying "Click here for
OpenStreetMap source data".

But asking on the CC lists is a good idea and I've now done so. :)

cheers
Richard
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