[OSM-legal-talk] Best license for future tiles?

80n 80n80n at gmail.com
Wed Nov 17 22:19:50 GMT 2010


The person doing the tracing is a lawful recipient of a cc-by-sa licensed
work.  It will have the correct ODbL attribution, but there will be no
indication that they have any obligations to that license.  The only license
they have agreed to is cc-by-sa and that permits tracing.

The producer of the produced work may have obligations but the *recipient*
of the produced work does not.

On 17 Nov 2010 20:03, "Anthony" <osm at inbox.org> wrote:

On Wed, Nov 17, 2010 at 2:30 PM, 80n <80n80n at gmail.com> wrote:
>
> On Wed, Nov 17, 2010 at 6:32 PM, ...
Let's assume, for these purposes, that the person doing the tracing is
not the same as the person who created the Produced Work.  Is that
fair?

What gives the person doing the tracing the right to trace?  Is the
Database copyrighted?  By tracing, are they copying a copyrightable
portion of the Database?  By tracing, are they extracting a
substantial portion of the Database?  If so, what gives them
permission to do that?


> The only restrictions are those specified in 4.3 as quoted above.
The person creating the Produced Work is specifically prohibited from
sublicensing the Database.  So any license granted by the producer of
the Produced Work is not a license on the underlying Database itself.


> If there were other restrictions you wouldn't be able to create a Produced
> Work that was publis...
You have permission to license the produced work, not the underlying
database.  See 4.8.

Can you publish a Produced Work under CC-BY-SA?  Personally, I don't
think you meaningfully can.  The only semi-reasonable argument I've
heard that you can, came from an ODbL lawyer who basically said, yes,
you can publish a Produced Work under CC-BY-SA, because CC-BY-SA
doesn't apply to databases anyway.

I think Ed Avis is right on that one, though.  "It's allowed to make

proprietary, all-rights-reserved
map renderings, but if you want to produce a truly CC-licensed or
p...

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