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

[Simon Poole]

Am 17.06.2011 16:39, schrieb andrzej zaborowski:

...
> 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?
>
...

I'm sure that our legal experts will step in if this isn't correct :-).

While in your example the person in country B can probably legally 
ignore the terms of the ODBL (publisher in A however must include a 
notice pointing to the ODBL and so on), it doesn't make a database 
generated from that tileset "legal" in country A. Since at least most 
European countries (this is very generalised) consider an Internet 
publication the same as a national publication, any publisher of such a 
database would have to take precautions to  block access in the EU (and 
countries with similar database protection regulations) or risk getting 
in to trouble.

Simon