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

[Rob Myers]

On 09/03/2010 03:05 AM, Anthony wrote:
> On Thu, Sep 2, 2010 at 10:58 AM, Rob Myers<rob at robmyers.org>  wrote:
>> So when you extract the data, you have not extracted
>> anything that is covered by BY-SA. Any database you create as a result is
>> therefore not covered by BY-SA, so the ODbL applies without clashing. And
>> the user knows this because of the ODbL advertisement attached to the BY-SA
>> work.
>
> Why does the ODbL apply?  Maybe in a state with database rights laws,
> but in a state without database rights laws, if the data isn't covered
> by BY-SA (and therefore copyright law), it wouldn't be covered by ODbL
> either.

If it is possible for the data, or the database, to be covered by 
copyright law then teleporting it doesn't strip that copyright. The 
copyright provisions of the ODbL therefore still apply after you 
teleport it.

> Which will be interesting when someone releases the entire database as
> an SVG file.

Do you mean that they distribute a database as an SVG file in some way, 
or that they render the database as a map in an SVG file?

In the former case the database is a database, and it's covered directly 
by the ODbL.

In the latter, the map is a map and it's a produced work, so it can be 
covered by whichever licence you like but must advertise the 
availability of the ODbL database that it was produced from.

In neither case is there a problem. I would refer you back to the 
examples I gave of different kinds of copyrightable and uncopyrightable 
works being represented as software and data.

- Rob.