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

[Rob Myers]

On 07/26/2010 06:31 PM, Anthony wrote:
> On Mon, Jul 26, 2010 at 1:06 PM, Rob Myers <rob at robmyers.org
> <mailto:rob at robmyers.org>> wrote:
>
>     On 07/26/2010 05:30 PM, Anthony wrote:
>
>           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.
>
> What if OSMF doesn't waive their own database right, but they just
> relicense OSM under CC-BY-SA 3.0?

OSM received at least one large donation of European data under 2.0 from 
a jurisdiction that did include DB Right in 2.0, so it depends how that 
would be covered without it.

 From the PDF Frederik mentioned:

http://wiki.creativecommons.org:8080/images/f/f6/V3_Database_Rights.pdf

"The waiver also clarifies that restrictions and obligations such as
attribution, non-commercial, no-
derivatives, and share-alike are not applicable to works, or to the
exercise of particular rights, that
are only protected by virtue of sui generis database protection."

DB Right is not the only issue the ODbL tackles, however.

- Rob.