[OSM-legal-talk] Would The ODbL and BY-SA Clash In A Database Extracted From a BY-SA Produced Work?

[Ed Avis]

Rob Myers <rob at ...> writes:

>http://lists.okfn.org/pipermail/odc-discuss/2010-August/000291.html
> 
>My understanding of the answer is that the data isn't what you are 
>licencing under BY-SA. You are licencing the originality/creativity 
>involved in making the produced work.

This depends on some assumptions about copyright (that it applies only to
originality and creativity, and not 'sweat of the brow', and in our particular
case that it does not apply to maps or their source data), but it is held to
be true by some people, and may well be in certain jurisdictions.

This opens an interesting possibility: why not dual-license under both ODbL and
CC-BY-SA?  If only the original/creative part is covered by copyright, then no
licence to the data itself has been granted by offering a CC-BY-SA 2.0 licence.
On the other hand, if it is covered by copyright, then CC-BY-SA is sufficient to
ensure share-alike.

-- 
Ed Avis <eda at waniasset.com>