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

[Anthony]

On Mon, Nov 15, 2010 at 3:09 AM, Ben Last <ben.last at nearmap.com> wrote:
> 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) licence."
>  In other words, you're constrained in what you can do with that derived
> work.

What you quote is a summary of the license terms.  What the actual
license terms say is that: "you may only distribute Derived Works to
others on the terms of a Creative Commons Attribution Share Alike
(CC-BY-SA) licence (and you may use any version of that licence you
wish, whether localised for a particular country or not)"

The inclusion of that word "only" in the actual license terms (as
opposed to the summary), makes all the difference in the world.

I'd suggest you get your lawyers to add the word "only" to the summary
you just quoted, after "may" and before "distribute", as the summary
is very misleading otherwise.

Alternatively, you could take the word "only" out of the actual
license terms, in which case Nearmap's license terms and CT 1.2 might
very well be compatible.