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

[Anthony]

On Fri, Sep 3, 2010 at 6:35 AM, Rob Myers <rob at robmyers.org> wrote:
> 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.

And the provisions of CC-BY-SA would apply as well.  Unless you're
talking about a CC-BY-SA produced work created solely from an ODbL
database, anyway.

>> 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?

I'm not sure what the difference is.  The latter describes how you
accomplish the former.