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

[Eugene Alvin Villar]

On Fri, Jun 17, 2011 at 10:44 PM, John Smith <deltafoxtrot256 at gmail.com> wrote:
> On 18 June 2011 00:40, Frederik Ramm <frederik at remote.org> wrote:
>> 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.
>
> Sorry if I didn't explain myself properly, I meant if you apply
> CC-by-SA you are allowed or limited by that license only, if there is
> further restrictions you would have to use something other than
> cc-by-sa (such as CC-by-ND) to enforce this, OR use a contract.

If you are given a CC-BY-SA licensed work, they you are limited by by
the CC-BY-SA license on the copyrightable aspects only. Other aspects
like trademarks or patents that are inherent in the work are already
limited irrespective of the CC-BY-SA license. The person who gave you
the CC-BY-SA licensed work does not have to enforce you to follow
trademark or patent restrictions, by contract or another copyright
license.