[OSM-legal-talk] CC-BY-SA and derivate works

Frederik Ramm frederik at remote.org
Mon Jun 7 23:50:07 BST 2010


Alex,

Alexrk wrote:
> Lets assume someone works two weeks - hunch darkly night after night over Adobe 
> Illustrator, coming up with a handmade city map of Hamburg. OK voila nice, now 
> lets try to sell it in a small edition of printed copies (BoD or whatsoever). 
> But why should one invest two weeks of work + advance payments for the printing 
> costs, if another big publishing house can take that map and sell it for half 
> the price, just because that company didn't had your "sunk costs" (and possess 
> much cheaper publishing abilities).

One idea would be to make a deal with them and have them commission you 
to make that map. If they make a good & wholesome product of it, and 
they don't sell at too much of a markup, would people rather buy their 
original product or the chinese facsimile for half the price?

Another idea would be combining the OSM map with other, original content 
which makes the product something nice and special; that other stuff, if 
it is not derived from OSM, would not be CC-BY-SA, so while anyone can 
copy the map, they cannot copy the other stuff, and thus can never 
reproduce the "whole" that you have created.

There are lots of business models that work with share-alike data; it is 
just that the old business models which are exclusively based on "pay me 
or I sue you" don't work.

> Sounds not so promissing. From that point of view, share-alike would even 
> benefit monopolies - as typically any other "sunk cost"-intensive production does.

I don't follow your argument here. A Monopoly means there is only one 
provider of maps who can dictate the price. Whereas with share-alike, as 
soon as the would-be monopolist makes big profits, others will come and 
copy his map. Where's the monopoly there?

> I think, I begin to understand, that CC is really not the right license for OSM.

CC is not the right license for OSM, but not for any of the reasons you 
have mentioned.

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"




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