[OSM-legal-talk] CC-BY-SA / Non-separatable combination of OSM+other

[Rob Myers]

On 02/01/2011 06:17 PM, Frederik Ramm wrote:
>
> Peter says that
>
>> I would consider the proposed resulting work to be 'two or more
>> distinct, separate and independent works selected and arranged into a
>> collective whole with the ccbysa content being used in an entirely
>> unmodified form'.

If it's a whole then by definition it's not a collection (a "mere 
aggregation").

Articles in a book are a collection, a collage is an adaptation (a 
derivative).

Layers combined destructively (such as in print) are modified, and so 
are an adaptation.

> For me, this would be the case if you produce a book with copyrighted
> data on one page and CC-BY-SA data on the next, but not if you print
> everything into one so that it cannot be separated and the CC-BY-SA

Yes that would be my understanding (IANAL).

> content cannot be accessed separately. I was under the impression that
> OSM data cannot be used as a base medium to distribute proprietary data.
>
> Peter invited me to continue the discussion here rather than on talk-gb,
> so here we are. Does anyone have an opinion on the matter?

I'd say that if it's a single image, it's a single, adaptive, work.

Making a single combined work from two other works *must* produce an 
adaptation. It's quantifiably different from placing them side by side 
on separate pages in a book or separate files on a memory stick.

We've discussed how to firewall layer data from BY-SA in print in the 
past: using data keys for example. But the assumption has always been 
that the single combined map image is a single BY-SA work iirc.

- Rob.