[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 12:45 PM, Rob Myers <rob at robmyers.org> wrote:
> On 09/03/2010 05:27 PM, Anthony wrote:
>> But the extract is not the database.  It may be *a* database, but it's
>> not *the* database that's protected by ODbL.
>
> Then if it contains a Substantial portion of the Database its *a* Derivative
> Database. (Capitalised words refer to ODbL term definitions.)

ODbL term definitions only matter if the extract is protected by law.

I can't write a license which says "you can't copy a substantial
portion of my phone book white pages" and then expect to enforce it on
people who haven't agreed to those terms.  Not in a
non-database-rights and non-sweat-of-the-brow jurisdiction, anyway.

Whether or not the database is a Derivative Database only matters if
the database is a derivative database.  And if you haven't copied any
of the copyrightable portions of the original database, it isn't.