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

[Rob Myers]

On 07/26/2010 05:19 PM, Anthony wrote:
>
> Where are you given permission to copy and distribute the produced
> work without following the terms of ODbL.

Nowhere. However the terms that cover Produced Works are different to 
those that cover Derivative Databases, and the attribution/advertising 
requirement on produced works is BY-SA compatible.

> (Alternatively, where does
> the ODbL give you permission to copy and distribute the produced work
> without following 4.6.)

4.6 covers Derivative Databases, not Produced Works.

> Remember, copyright and database laws default
> to "all rights reserved" barring a license to the contrary.

The ODbL is a licence to the contrary (except where it's a contract ;-) ).

>> 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.
>
> That's not how licenses work.  By default you have no rights.  A
> license *grants* rights.  The only way for the derived work (i.e. the
> produced work) to be under BY-SA is if the rights holder grants a
> license under BY-SA.

And if you receive the database under ODbL you have the licence to grant 
such a licence on Produced Works.

> Consider the LGPL.  If I have software under CC-BY-SA, and I want to
> include an LGPL library, can I do it?  No.  Not because I'm violating
> the LGPL, but because I'm violating CC-BY-SA.

CC explicitly state that BY-SA shouldn't be used for software.

> Incidentally, that's why the LGPL explicitly gives permission to
> relicense the work under GPL.  Otherwise, LGPL wouldn't be compatible
> with GPL.

Imagine a non-BY-SA licence on a work that says "you may licence 
transformative adaptations of this work under BY-SA as long as you 
attribute this work".

The resulting work people release under BY-SA including the attribution 
to the original work both satisfies the original licence and is BY-SA 
compatible.

That is the situation with the ODbL and BY-SA.

(IANAL, TINLA.)

- Rob.