[OSM-legal-talk] legal FAQ license

[Ed Avis]

Frederik Ramm <frederik at ...> writes:

>>And of course we are using the same rules for taking and giving, or? Same
>>amounts of data we consider non-copyrightable and keep therefore in the
>>database can be taken out from the new ODbl-OSM database as if they were PD?

>ODbL's concept "if you take a lot of insubstantial extracts and combine 
>them then they again form a substantial extract" does not apply to 
>copyright of individual contributions made under CC-BY-SA - if you take 
>lots of non-copyrighted bits submitted by various users and combine them 
>then they don't suddenly become copyrighted - or maybe they do, but then 
>it's your copyright and not that of the original contributors

I think that is the same with ODbL or CC-BY-SA or any licence, after all, a
licence cannot affect what is covered by copyright.  If you look at database
rights (to the extent that anyone really understands what they do, since I
believe case law is quite thin) then the same applies.  And if you believe that
the ODbL creates an enforceable contract with the whole world so that it can
add additional restrictions that don't come from copyright or database right
law, in that case too the contract is with the distributor of the map data (or
perhaps the original aggregator - I'm not sure) not with the contributors.

I think the other poster makes a good point which is that double standards are
to be avoided.  If OSM wishes to take the position that all map data, whether
strictly copyrightable or not, must be used and copied only according to
certain conditions, then it should treat its contributions the same way.

You may be right that since the ODbL refers to 'Substantial' use of the
contents, it does allow picking out small bits and pieces in the same way as
might be done for a relicensing exercise.  However, it also notes

>"Substantial" – Means substantial in terms of quantity or quality or a
>combination of both. The repeated and systematic Extraction or Re-utilisation
>of insubstantial parts of the Contents may amount to the Extraction or
>Re-utilisation of a Substantial part of the Contents.

To be clear - of course the existing OSM map is not covered by ODbL, but please
do unto others as you would have them do unto you.

-- 
Ed Avis <eda at waniasset.com>