[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 11:01 PM, John Smith <deltafoxtrot256 at gmail.com> wrote:
> 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.

Let me try copyright-only examples.

I can take up the full text of all of the works of William
Shakespeare, compile it into a book with annotations, and release the
book under CC-BY-SA. Now since the original text by Shakespeare is
already in the public domain, I can copy those parts from the book
without following the book's CC license. In this case, the CC license
has no way to restrict me from doing that.

Here's another example. All English Wikipedia articles are licensed
CC-BY-SA. Most articles have images. Some images are *not* licensed
CC-BY-SA. In fact, many of such images are included in the article
under fair use reasoning. That doesn't give the reader the license to
use such images under CC-BY-SA simply because they were included in
CC-BY-SA-licensed articles.