[OSM-legal-talk] Question regarding compatibility of CC BY SA license versions

[Richard Weait]

2011/7/11 Holger Schöner <numenor at ancalime.de>:
> Hello,
>
> [I am sorry if this is a FAQ, but this matter is urgent, and a cursory web
> search has not provided sufficient information for me to answer these
> questions]
>
> I am in negotiation with a provider of aerial images (for Austria), who
> wants to allow "OpenStreetMap"pers to use these aerial images. So far, the
> terms clearly do not allow this, but the provider is willing to change the
> terms. He has made a new draft, where he restricts use of the images data
> directly, but allows derivative works, provided they be placed under CC BY
> SA 3.0 Österreich/Austria.
>
> I assume that the Austrian version of CC BY SA is compatible with the
> (generic/unported?) one OSM uses currently? (Can someone confirm this?)
>
> What about the compatibility of Versions 2.0 and 3.0? If we are allowed to
> redistribute derived work in Version 3.0, can we do so also in Version 2.0,
> as this is what OSM requires currently in my understanding?
>
> [Another issue of course is that we should be allowed dual licensing
> including ODbL, but I already clarified this to the image provider]
>
> Is there any other thing I should ensure being present in the license
> granted, to be usable by us?

New data and sources must currently be compatible with CC-By-SA, and
ODbL.  Preferably also CT/ODbL.

"CC BY SA 3.0 Österreich/Austria" is not sufficient permission because
of the requirement for ODbL, but also because OSM is currently
CC-By-SA v2.0.  CC-By-SA does have an "or later" clause, but does not
permit "or earlier".