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

[John Smith]

On 18 June 2011 00:54, Eugene Alvin Villar <seav80 at gmail.com> wrote:
> 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.

I'm aware of the patent/trademark issues, I wish Frederik hadn't
brought this up as it only serves to side track things, because unless
he plans to constantly patent tiles we can ignore that side of things
completely.