[OSM-legal-talk] PD declaration non binding?

Rob Myers rob at robmyers.org
Mon Jul 26 18:06:08 BST 2010


On 07/26/2010 05:30 PM, Anthony wrote:
>
> You said yourself that the database right doesn't have to be asserted.

Yes, I should have said "do waive", not "don't assert".

>  No one can assert the database right on a derivative of the OSM
> database, because they'd need the permission of the maker of the
> database to do so.

Not if OSM(F) waive their own database right and someone incorporates 
OSM data into a database that they then qualify for DB right over.

> (They'd also need to be the maker of the database,
> which in itself seems unlikely.  Not just *anyone* can assert DB
> right.  Only the maker of the database can.)  No license at all means
> all rights reserved.

Yes. But if OSM(F) waive their database right it doesn't mean that every 
downstream users of OSM(F) data who might qualify for DB Right also 
will. Although how an attempt to assert DB Right on a Planet derivative 
would interact with the ODbL isn't something I've considered.

- Rob.




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