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

[Jonathan Harley]

On 02/02/11 13:21, Rob Myers wrote:
> 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").

By referring to a collective whole, it seems to me that the license is 
asserting that such a thing can exist. I think Peter is right - as long 
as the CC-BY content is unmodified, it can be assembled with other 
things to form a collective work. The CC-BY licenses do not say that 
they still have to be separate and independent after assembly, just before.

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

Firstly, the topmost layer is clearly unmodified by this kind of 
combination. If a CC-BY tile is below the top layer, then yes, you could 
argue that it is either modified, or no longer being used whole, by 
parts of it being hidden. But if we're talking about using OSM data, 
which is made up of points, as long as they're unmodified before 
"assembly" - ie rendering - then I still think it's a collective work 
and only has to be attributed, not restricted to the same license.

ODbL is much clearer about this, but has this same effect - produced 
works have to be attributed but it doesn't attempt to force a license on 
them, only on the database they came from.


Jonathan (not-a-lawyer, but a user-of-lawyers)

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Jonathan Harley    :     Managing Director     :     SpiffyMap Ltd

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