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

[Rob Myers]

On Mon, 19 Jul 2010 21:33:44 +1000, John Smith <deltafoxtrot256 at gmail.com>
wrote:
> On 19 July 2010 21:30, Rob Myers <rob at robmyers.org> wrote:
>> That said I don't think you'd need to export the data geographically in
>> order to break the contract requirement, just leave a planet dump on
the
>> bus. :-/
> 
> Which is what I'm curious about, what makes ODBL copyright stick if
> cc-by-sa copyright isn't applicable?

That's different from the bus example. Where copyright doesn't apply it
doesn't apply and neither the ODbL nor BY-SA will stick in that
jurisdiction (assuming they claim to apply to the same, uncopyrightable,
thing). But the copyright will apply wherever copyright applies, and cannot
be stripped by geographically exporting and re-importing the copyrighted
work. Project Gutenberg is a good example of a project that contains
material which is legitimately in the public domain in some jurisdictions
but under copyright in others.

Where the copyright doesn't stick, the database right will (where that
applies). Where the BD right doesn't apply the contract element will (bus
schedules allowing). The ODbL is a legal switch statement / montage /
triple whammy. 

(Not a lawyer, not legal advice, etc.)

- Rob.