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

[Stephen Gower]

[Sorry to quote so much context - please do scroll down!)

On Sun, Jun 19, 2011 at 11:16:03AM +0100, Robert Whittaker (OSM) wrote:
> I think the question being asked arises from the following
> hypothetical chain of events:
> 
> 1/ Person A has a database that he licenses under ODbL.
> 
> 2/ Person B takes the database and creates a produced work [...] and also
> licenses the produced work (eg map tiles) under either (i) PD/CC0 or (ii)
> CC-By.
> 
> 3/ Person C takes the produced work under PD/CC0 or CC-By, and creates
> a derivative work from it by 'reverse engineering' the map tiles to
> recover (some of) the data in the original database. [...]

I think it's worth re-iterating the point made earlier:

If Person A has publically expressed their desire that the database and
copies of it remain under ODbL, and Person C is aware of this, then Person C
needs to get their own legal advice. Person A, if asked about the possible
loophole, should just repeat that their intention is that copies of the
database should only be available under ODbL.

Person A also should do as much as they can to make sure any potential
Person C is aware of the intention.  In the case of OSM, it helps that it's
the largest open map data project - it's likely anyone thinking of creating
a map data from tiles they somehow got hold of from Person B would
investigate and discover OSM exists.

s