[OSM-legal-talk] Potential huge License violation - anyone know anything about this?
frederik at remote.org
Wed Jun 2 21:58:26 BST 2010
Phil Monger wrote:
> It's a new cycle book for London, with routes, etc. Pretty standard
> fare. The problem? All the maps inside are blatant OSM copies (Mapnik, I
> assume) with route overlays posted. Now this wouldn't be a problem,
> obviously, except they are way WAY outside of CC-BY-SA.
A general rule of thumb is, try not to get over-excited about these
things. In most cases they really happen out of negligence.
> None of the maps have *any* accreditation back to OSM on them. The only
> place OSM is mentioned it on the very last page, very last line, where
> it says "All other maps by Steve Dew using base maps by OpenStreetMap"
... which is already better than other uses we've seen.
I think the already-quoted approach by TomH
was very sensible, and calm, and worked well. In the long run we might
even have a fleshed-out data working group (i.e. more than the odd bunch
of already-overworked people we currently are) to take on such cases,
like Steve suggested in his latest comment.
Interestingly, if you read the comment section of Tom's post, there's a
comment by one John Gilmore who is of the opinion that a book using some
CC-BY-SA maps must be completely CC-BY-SA, an idea which I do not share
- I think the book is a collected work where only the maps have to be
The OSM book that I have written has a lot of maps as well, and they are
not always individually credited; but somewhere in the first few pages
where it says that all this is copyrighted and you'll get shot if you
disobey, I added an extra passage saying "This does not apply to the
maps in this book which are from OpenStreetMap and licensed CC-BY-SA".
> Ironically, it doesn't list OSM or OCM as "useful resources" for
> cyclists ... I wonder why?
This is really strange. I mean if OSM was useful enough to create the
> I assume this hasn't been cleared and 'waived' by someone at OSM? Where
> can we go from here?
The only people who could "clear" something in that way, at least for
now, is the community of all individuals who have contributed to these maps.
> I have an urge to go start flogging scanned copies and claim .. "but
> surely as a derivative work this is also a work released under
> CC-BY-SA?" if that's what it takes to stop corporations like New Holland
> from pilfering work like this.
As I said, I would be quite cross if someone were to distribute scanned
copies of my book because I don't believe that depicting OSM maps in it
makes the whole thing derived.
But it is an interesting question - if someone violates CC-BY-SA by
taking OSM data and releasing it under his copyright, and you then
violate his license by simply taking the stuff and distributing it
CC-BY-SA, can he sue you? Can you be jailed for stealing from a thief?
Probably depends on jurisdiction.
Frederik Ramm ## eMail frederik at remote.org ## N49°00'09" E008°23'33"
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