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

[Rob Myers]

On 07/26/2010 04:29 PM, Anthony wrote:
>
> Only if you license the produced work under BY-SA.  Which means *all
> elements* of the produced work are under BY-SA.  Which means *the data*
> encapsulated in the produced work is under BY-SA.

No, it means the produced work is BY-SA.

> Which means anybody
> who extracts the data back out of the produced work would get the data
> under BY-SA.

Yes I am curious about this. We should ask ODC about it (it's not in the 
FAQ).

> But looking at the text of the license, I don't think you can do that.
> ODbL Section 4.6 says "If You Publicly Use a Derivative Database or a
> Produced Work from a Derivative Database, You must also offer to
> recipients of the Derivative Database or Produced Work a copy in a
> machine readable form..."  But that is incompatible with BY-SA, which
> says that "You may not offer or impose any terms on the Work that alter
> or restrict the terms of this License or the recipients' exercise of the
> rights granted hereunder."  A produced work under BY-SA can be publicly
> used without offering recipients the source database.  But a produced
> work from an ODbL database cannot be publicly used without offering
> recipients the source database.

If you receive a produced work under BY-SA you just have to maintain the 
attribution explaining where to get the database used to create the 
produced work (ODbL 4.3).

And if you then fetch and use the database, you are receiving, modifying 
and distributing the database under ODbL, not BY-SA.

So there are two parallel distribution and derivation graphs, of the 
ODbL-licenced databse and the (sometimes) BY-SA licenced works. Neither 
interferes with the rights granted under the other.

> I'm not sure if that's intentional or not.  I suspect the creators of
> the ODbL wanted to have their cake and eat it too.  But you can't do

Well, to make sure everyone gets the recipe for the cake. ;-)

> that.  If the data can be used in a produced work under BY-SA, then the
> data has to be BY-SA.

No it doesn't. That's why there is such a thing as a produced work in 
contrast to a derivative work.

(I am not a lawyer, this is not legal advice.)

- Rob.