[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
Tue Sep 7 16:51:19 BST 2010


On Tue, Sep 7, 2010 at 11:22 AM, Francis Davey <fjmd1a at gmail.com> wrote:
> If its the case that OSMF doesn't have a database right in the
> contents of its database, then, logically, that right would be jointly
> owned by all contributors.

Ah, I see there is a provision for this in the EU database right: "In
respect of a database created by a group of natural persons jointly,
the exclusive rights shall be owned jointly."

Of course, if a joint database right works like joint copyright, it's
fairly useless.  Any joint owner of the database right would have full
sub-licensable rights to the database, so long as they account for and
share all their profits in using that right.  All it takes is one
joint owner to grant a free worldwide license to do anything, and the
database right is effectively gone.



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