[OSM-legal-talk] Is CC-BY-SA is compatible with ODbL - a philosophical point

[80n]

On Sun, Aug 22, 2010 at 5:44 PM, David Groom <reviews at pacific-rim.net>wrote:

> Why are we changing the licence?  Well [1] states among other things that "
> [CC-BY-SA]  is therefore very difficult to interpret",  and we have indeed
> seen this situation occur many times when people have asked what can and
> can't be done with OSM data, and no definitive answer could be found.
>
> If it was unclear if something was allowed under CC-BY-SA then users of our
> data were asked to take a cautious approach.  And that seems very reasonable
> stance to take, even though it resulted in a lower than hoped for use of OSM
> data. So it was decided that since even the OSM community could not
> categorically say how  CC-BY-SA applied to OSM data a licence change was
> needed.
>
> Move forward a bit and we start to implement the new licence.  Since we
> could not reach consensus on how CC-By-SA applied to "our" data, it seems
> reasonable to assume that we can not assume how CC-BY-SA data applies to
> other people data, and therefor to be safe I presume we won't simply be
> blindly importing  CC-BY-SA data into OSM.  I presume we will be approaching
> providers of data that has a CC-BY-SA licence and asking if we can use that
> data in OSM.  So our permission to use the data will stem not from a
> CC-BY-SA licence, but from the explicit permission given by the copyright
> holder.
>
> Or am I missing something?
>
> David, CC-BY-SA licensed content is incompatible with ODbL+CT.

CC-BY-SA derived content would not be allowed in an ODbL version of OSM.

80n




> Furthermore if we don't approach CC-BY-SA providers and ask if we can use
> their data, then we are using it by virtue of the fact it is CC-BY-SA, and
> surely the CC-BY-SA permissions "flow though into" the OSM data. In which
> case nothing has been gained from the licence change process as the same
> permissions which were there before (and were difficult to interpret) still
> exist.
>
> Apologies if this has been discussed before, but I cant see anything about
> it on the implementation plan [2]
>
> David
>
>
> [1]
> http://www.osmfoundation.org/wiki/License/We_Are_Changing_The_License#Why_are_we_changing_the_license.3F
>
> [2]
> http://wiki.openstreetmap.org/wiki/Open_Database_License/Implementation_Plan
>
>
>
>
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