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

[Francis Davey]

2011/6/17 andrzej zaborowski <balrogg at gmail.com>:
>
> 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?
>

Strictly: what matters is where B carries out acts that might be those
exclusive to the database right owner. It doesn't matter where B lives
or where B receives a licence, but where B extracts or re-utilizes the
tileset. If B does those in a country without the sui generis database
right, then B obviously does not have to worry about infringement. The
tileset is still subject to A's database rights in those countries
that recognise it and thus would need A's permission (which CC-BY-SA
does not, I think, give).

CC-BY-SA is not intended to be a contract, so there's no contractual
relationship between A and B, though its easy enough for one to be
implied in some jurisdictions.

-- 
Francis Davey