[OSM-legal-talk] Nearmap vs CTs: any progress?

[Ben Last]

On 15 November 2010 15:33, Anthony <osm at inbox.org> wrote:

> Is that the only way to read the terms?  Paragraph 2 merely say that
> "you", the person uploading the data, grant a license to OSMF.
> Paragraph 2 does not warrant that *no one else* (e.g. Nearmap) might
> *also* have rights which still need to be respected.
>

In order to derive data from nearmap.com PhotoMaps, you must agree to our
community licence, which says:
"If you derive information from observing our PhotoMaps, and include that
information in a work, you will own that work, and may distribute it to
others under a Creative Commons Attribution Share Alike
(CC-BY-SA)<http://creativecommons.org/licenses/by-sa/3.0/>
 licence."  In other words, you're constrained in what you can do with that
derived work.  If you trace a street or a feature, that is a derived work,
and you can distribute it under a CC-BY-SA licence.  But paragraph 2 of the
CTs requires that you grant OSMF a much wider licence than CC-BY-SA, which
you can't do, because you only have the right to distribute your derived
work under CC-BY-SA.

Regards
Ben

-- 
Ben Last
Development Manager
nearmap.com
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