[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 06:09 PM, Anthony wrote:
>
> I guess.  Although it's not really the ODbL that gets me confused but
> the CT, where it says "DbCL 1.0 for the individual contents of the
> database".
>
> Even more specifically, "the individual contents".  What constitutes
> "individual"?  A row in the database?  Is a way an individual piece,
> and if so, what does that mean (does an individual piece which is a
> way mean just the ordered node references, or does it include the
> lat/lons of the nodes which are referenced).  Etc.

That's an interesting question. I assume it means individual 
contributions but I don't know.

Would removing the word "individual" from the CT improve it?

> Clearly an individual way could, in theory (not in OSM practice), be
> copyrightable (http://thisworldisnotforsale.com/cgi-bin/james/040821_taking_Line_For_Walk/singleLineFaces400x331.jpg).

Original drawings in a fixed form are generally copyrightable, the 
medium used shouldn't have much effect on this.

OSM ways aren't generally representations of artistic works, though. And 
even if any are copyrightable the DbCL will handle that.

>   If such a database were released with "DbCL 1.0 for the individual
> contents of the database", would the way be DbCL, or would it be ODbL?

The way would be DbCL, and use of it would be covered by the ODbL or not 
like the rest of the database.

It's a licencing stack, with each level (data, database, map tiles) 
covered by an appropriate licence.

>   Would it make a difference if the way were split into 1,000 different
> connected ways?

I wouldn't have thought so. If you can re-assemble the copyrighted work 
then you have the copyrighted work (teleportation doesn't strip 
copyright, remember :-) ). Individual ways in the drawing might be too 
simple to claim any rights over. But the DbCL means we don't have to 
worry about whether one way is likely to be covered by more rights than 
another.

(IANAL, TINLA, copyrightability criteria and thresholds vary between 
jurisdictions)

- Rob.