[OSM-legal-talk] OSM content on locked platforms

Richard Weait richard at weait.com
Mon Apr 5 21:54:12 BST 2010

On Fri, Apr 2, 2010 at 6:06 PM, Frederik Ramm <frederik at remote.org> wrote:
> Hi,
>    a recent discussion on talk-de has unearthed an interesting question
> with regards to iPhone/Appstore and other locked platforms.

[... ]

> Now, CC-BY-SA requires that whoever buys this application should have
> the full right to make derivative works (of the data), pass it (the
> data) on, etc.etc., and indeed it also says:
> "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."
> If I understand things correctly, then the whole iPhone/Appstore/Apple
> operating system combo is just that - a technological measure that
> controls access and use of the work, because you cannot retrieve the
> work from the iPhone without "jailbreaking" it, and you cannot install
> it on another iPhone without "jailbreaking" that.

I believe that you are correct.  As you describe it cc-by-sa is not
allowed on iStuff due to technological measures.  One might argue that
making the work available outside the iPrison then becomes
"consistent" again and satisfies cc-by-sa.  Mike Collinson's
suggestion of a button in the application might satisfy everybody.

> (a) what would the ODbL say in a similar case?

ODbL v1, by comparison, explicitly requires this out-of-band
distribution of the unlocked work to be compliant with OdBL 4.7b

> (b) is it in our interest - in the interest of "open data" - to allow
> such distribution of our data through closed platforms?

I believe it is in our interest to not prohibit any field of endeavor.
 In this case we shouldn't deny a developer their platform of choice.
No special additional restrictions for iPrison.  But no special
reduction in obligations either.

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