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

[Frederik Ramm]

Hi,

On 06/17/11 16:35, John Smith wrote:
>> I am trying to make a general point about the scope of CC licenses, to which
>> the "patents" example is relevant.
>>
>> Do you or do you not agree, that if a picture describing a patent is made
>> available under CC-BY-SA (and NOT CC-BY-ND), one's ability to implement the
>> procedure described in the picture, and thereby create a derivative work of
>> the picture, would be limited?
>
> There is 4 types of IP law (5 in the EU with the 5th being DB
> directive), contract, patent, copyright, trademarks. You can't apply
> patents laws against copyright and vice versa, so no you are wrong on
> this matter, or it's a very very poor example.

I am not trying to apply patents to OSM. I am trying to use the example 
of patents to prove to you that your reasoning "either something is 
CC-BY-SA or it isn't" is, in this simplicity, invalid; that there may 
well exist limitations external to the license that limit what you can 
or cannot do with the CC-BY-SA licensed entity.

Once you accept that, I can continue my argument; but if you try to hold 
on to the simplistic "either something is CC-BY-SA or it isn't" 
assumption then it makes no sense.

Bye
Frederik