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

[andrzej zaborowski]

On 17 June 2011 16:48, Frederik Ramm <frederik at remote.org> wrote:
> On 06/17/11 16:39, andrzej zaborowski wrote:
>> 1. IIRC the newer versions of CC-By-SA include statements to ensure
>> that the content is not protected by database rights, patents or DRM,
>> which would prevent their uses.
>
> News to me. Do you have a pointer?

Some secondary sources (i.e. not license text), it looks like it may
apply only to some ports of version 3 and is considered for version 4,
but there's something even in version 2 ports:

http://wiki.creativecommons.org/images/f/f6/V3_Database_Rights.pdf
http://lists.openstreetmap.org/pipermail/legal-talk/2010-November/005026.html

For example the pdf says (about european ports):
"In other words, the sui generis license should not extend the
restrictions of the CC license conditions to things (facts, ideas,
information, etc.) not protected by copyright."

But also says:

"2. Unconditional waiver of the of the sui generis database rights
under the national law implementing the European Database Directive at
the end of section 3 of the licenses:
  Where the licensor is the owner of the sui generis database rights
under the national law implementing the European Database Directive,
the licensor will waive this right."

and the person making the tiles is probably not the owner (but in case
of tiles.openstreetmap.org it might be).

Cheers