[OSM-legal-talk] Is CC-BY-SA is compatible with ODbL?

[Francis Davey]

On 14 August 2010 09:22, 80n <80n80n at gmail.com> wrote:
>
> In order to submit CC-BY-SA under the contributor terms you need to give
> OSMF rights that you don't possess.
>
> CC-BY-SA does not grant you "a worldwide, royalty-free, non-exclusive,
> perpetual, irrevocable license to do any act that is restricted by
> copyright" and so you can't pass that right on to OSMF.  Its as simple as
> that isn't it?
>

That looks right to me. In order to comply with section 2 of the
contributor terms and contributor must be able to grant an extremely
widely drafted licence. If the contributor is merely a licensee under
CC-BY-SA they will not be able to comply with section 2 of the
contributor terms.

I also think its pretty clear that, in context, section 1 would not be
complied with either. It would be impossible for a CC licensee to
agree to "You have explicit permission from the rights holder to
submit the Contents and grant the license below." since CC-BY-SA does
not give that permission.

Apologies if this misses the point: I am a lawyer not a mapper.

-- 
Francis Davey