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

[andrzej zaborowski]

On 17 June 2011 17:17, andrzej zaborowski <balrogg at gmail.com> wrote:
> 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."

Actually, ignore the above fragment.

>
> 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
>