[OSM-legal-talk] [talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

[andrzej zaborowski]

Hi,
(this is offtopic, I know)

On 17 June 2011 16:06, Frederik Ramm <frederik at remote.org> wrote:
> On 06/17/11 11:18, John Smith wrote:
>>>
>>> Only if the amount of data traced is not substantial.
>>
>> CC-by-SA makes no such distinction, it's either cc-by-sa or it's not
>> cc-by-sa, so which license can tiles be put under?
>
> Sorry, I thought you had asked about tracing from tiles.
>
> Tiles can be put under CC-BY-SA with no problem; in fact the main OSM
> tileserver is likely to do that.

I have two doubts here.  I understand the produced work can be put
under a By-SA license but database rights may still apply.  But:

1. IIRC the newer versions of CC-By-SA include statements to ensure
that the content is not protected by database rights, patents or DRM,
which would prevent their uses.  Does that mean that only the older
licenses can be used for produced works?

Looking at GPLv3 and other licenses it is becoming more common for
licenses to assure that the content is not restricted by those
additional rights, and it makes sense because in some way those
additional rights make the works not "free".

2. What happens if a person in country A with database rights
publishes a tileset and licenses it under CC-By-SA to a person in
country B without database rights?  The second person is then as far
as I can see not bound by database rights or a contract.  Is that
incorrect?

Cheers