[OSM-legal-talk] License Cut-over and critical mass

[Anthony]

On Fri, Jul 16, 2010 at 12:11 PM, Rob Myers <rob at robmyers.org> wrote:

> On 07/16/2010 04:33 PM, Anthony wrote:
>
>> On Fri, Jul 16, 2010 at 5:19 AM, Rob Myers <rob at robmyers.org
>> <mailto:rob at robmyers.org>> wrote:
>>
>>    On 07/16/2010 10:05 AM, Anthony wrote:
>>
>>        BY-SA almost certainly applies to the OSM database as a whole,
>>        even if
>>        it doesn't apply to some individual parts of the database.  So
>>        you're
>>        wrong that this is an undeniable fact.
>>
>>    Which jurisdiction are we talking here?
>>
>> I can't think of any jurisdiction where this wouldn't be the case.  I'm
>> most familiar with US copyright law, however.
>>
>
> Science Commons seem to think copyright doesn't apply to databases


I'm not sure what that's supposed to mean.  Databases aren't per se
copyrightable.  But they can be.

I see you're talking about the US.  So I'll provide a case for you.  Key
Publications, Inc. v. Chinatown Today Publishing Enterprises Inc. held that
the yellow pages of the phone directory were copyrightable.  Surely the OSM
database offers "the de minimis thought needed to withstand the originality
requirement".  It doesn't take very much.


> I'm erring on the side of caution.


In what way?  With all due respect, you seem to be erring on the side which
you happen to already agree with.

I'd say that using CC-BY-SA errs on the side of caution.  Either 1) none of
OSM is copyrightable, in which case anyone can do anything with it; or 2)
some of OSM is copyrightable, in which case CC-BY-SA gives people permission
to do anything with it, so long as they give attribution and release
derivatives under CC-BY-SA.

I don't think 1 is particularly likely.  But even if it's the case, I don't
see why it's so horrible.  It just means that copyright law accomplishes
nearly precisely what CC-BY-SA was designed to accomplish - make OSM free.
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