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

[Jonathan Harley]

On 03/02/11 04:21, Anthony wrote:
> On Wed, Feb 2, 2011 at 1:47 PM, Jonathan Harley<jon at spiffymap.net>  wrote:
>> On 02/02/11 18:00, Anthony wrote:
>>> On Wed, Feb 2, 2011 at 12:49 PM, Jonathan Harley<jon at spiffymap.net>
>>>   wrote:
>>>> On 02/02/11 17:05, Richard Fairhurst wrote:
>>>>> Jonathan Harley wrote:
>>>>>> Clearly no rendering of any map is going to be unmodified in the
>>>>>> sense of having identical sequences of 0s and 1s to the database,
>>>>>> in which case there could be no such thing as a collective work
>>>>>> based on a database, ever.
>>>>> For print, yes, that's about the size of it.
>>>> I don't see what print's got to do with it.
>>> Me neither.  I don't agree with using javascript and layers to try to
>>> subvert the intent of the license.  I think Frederick is wrong when he
>>> says "If the layers are separable
>>> then you can have different licenses on each".
>> I think we may have differing interpretations of the intent of the license.
>> Mine is that the license is supposed to allow people to use the map in a
>> variety of ways, online and in print, so long as any new data is open and
>> OSM is attributed; not that it was intended to prevent people from creating
>> works in which not all elements are free.
> I'm not sure where you're getting that "interpretation" from.

I'm partly guided by the idea that the ODbL is supposed to provide a 
better expression of the same intent. I've always understood that the 
intent of the ODbL was not to change the spirit of OSM licensing, just 
to clarify it.

>    The
> license doesn't even mention "data", and attribution is not enough.

OSM applies the license to data - the license attribution it requests 
specifically mentions "Map data". The license says that attribution is 
enough for collective works, in that share-alike does not apply to the 
other components of a collective work ("this does not require the 
Collective Work apart from the Work itself to be made subject to the 
terms of this License").

Peter's right that 10 amateurs discussing interpretations isn't worth 1 
legal professional. Let's just wait until it goes to court, I say. I'll 
be interested to see who is so incensed about OSM's data being combined 
with non-SA third-party data, and how they claim they are suffering 
losses by the third-party data not being made available to them under 
CC-BY-SA.

Jonathan.

-- 
Jonathan Harley    :     Managing Director     :     SpiffyMap Ltd

Email: md at spiffymap.com   Phone: 0845 313 8457   www.spiffymap.com
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