[OSM-legal-talk] [OSM-talk] Unsetting CT flag

[Anthony]

On Fri, Dec 10, 2010 at 8:03 PM, Robert Kaiser <kairo at kairo.at> wrote:
> Anthony schrieb:
>>
>> 1) You can't take things out of the public domain.
>
> Of course you can't. But you can AFAIK (still, IANAL, bare that in mind)
> make new contributions or a derived work and put that under any different
> terms you like, right?

Not necessarily.  If the work is ineligible for protection under the
law (for instance, in the US if it is not copyrightable), then you
can't "put it under any different terms you like".

> That said, I personally would have no problem if we'd have our data be PD in
> all jurisdictions, and I have no problem with having the same
> share-alike-type terms in all (major) jurisdictions. What I have a problem
> with is if we provide a significantly different playing field dependent on
> where in the world you are. A geographical database with geographical
> unfairness somehow feels wrong to me. ;-)

Then you should be in favor of CC-BY-SA 3.0 with an explicit waiver of
the database right and an explicit waiver of sweat-of-the-brow
copyright protection.

ODbL, with its three areas of "protection" (copyright, database right,
and contract law), offers three different places for geographical
differences.