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

Anthony osm at inbox.org
Fri Sep 3 15:58:20 BST 2010


On Fri, Sep 3, 2010 at 10:52 AM, Anthony <osm at inbox.org> wrote:
> The interesting part of the question is whether or not it's allowed to
> create a BY-SA Produced Work which is a mash-up of BY-SA and ODbL
> data, and if so, whether that makes the ODbL data BY-SA.

The answer from ODC seems to be that yes, you can create a BY-SA
Produced Work which is a mash-up of BY-SA and ODbL data, and that it
doesn't make the ODbL data BY-SA, because the data is not a creative
work (and therefore can't be copyrighted).

This is actually quite a brilliant analysis.  But it means, in
non-database-rights jurisdictions, that the extracted data isn't ODbL
either (unless you were dumb enough to agree to the ODbL, anyway).

Now I see why Frederik likes the ODbL so much.



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