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

[Frederik Ramm]

Hi,

Anthony wrote:
> One thing I should point out, though, is that the ODbL does not *say*
> "you can make Produced Works and release them as CC-BY".

I think it does, at least if taken together with DbCL as planned for OSM.

> In fact, what it says is: "You may not sublicense the Database. Each
> time You communicate the Database, the whole or Substantial part of
> the Contents, or any Derivative Database to anyone else in any way,
> the Licensor offers to the recipient a license to the Database on the
> same terms and conditions as this License."
> 
> To the extent that you are allowed to offer a license on a Produced
> Work, that license only applies to *your contribution* to the Produced
> Work.  It does not apply to the "preexisting material".  The license
> you have for the preexisting material, i.e. the Database, is given by
> the original Licensor of the database, and is ODbL, not CC-BY, or
> CC-BY-SA, or anything else.

I think you're completely wrong here. Not just a little wrong, but 
drive-on-the-wrong-side-of-the-motorway kind of wrong. The only reason 
that you're not being told so by a hundred people is that they have 
grown tired of telling you.

ODbL gives you the right to use the data to create a Produced Work. A 
Produced Work is not subject to ODbL because it is not a database; in so 
far as any copyright subsists in the Produced Work, one would have to 
look to DbCL for guidance on what happens with that, and DbCL says:

"The Licensor grants to You a [...] license to do any act that is 
restricted by copyright [...]. These rights include, without limitation, 
the right to sublicense the work."

Bye
Frederik

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