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

[Francis Davey]

2011/6/18 John Smith <deltafoxtrot256 at gmail.com>:
> Well one assumption I'm making is that everyone is adhering to the
> license restrictions placed on them, perhaps this would be easiler
> with a solid example.
>
> OSM-F continues to distribute map tiles under a CC-by-SA license and
> for the purpose of this example doesn't have a terms and condition
> using their website.
>
> Someone from the US comes along and derives some data from the tiles
> OSM-F produces.
>
> That same someone then distributes the resulting data under a CC-by-SA license.
>
> At any point is anyone in breach of copyright?
>

Where do they do all these acts? Jurisdiction may matter. In the UK
reconstructing a substantial part of the database from the tiles would
almost certainly be an extraction and so potentially infringing the
database right unless licensed etc. I think quite likely an
infringement of copyright in the database in the UK as well. Quite
possibly not an infringement of copyright elsewhere. I simply don't
know about that.

Generally doing something indirectly via other works cannot be used to
launder an infringement in the UK.

-- 
Francis Davey