[OSM-legal-talk] Some questions about using ODbL "Produced Work" maps in Wikipedia

[Frederik Ramm]

Hi,

On 22.07.2012 00:22, Paul Norman wrote:
>> If CC4 comes out with such indiscrimante inclusion of database rights
>> then my guess is that it will either be automatically impossible to
>> licene Produced Works under CC, or we will have to explicitly disallow
>> it.
>
> I'm not sure who you mean by we in that statement. If ODbL allowed produced
> works under CC4 the only people who could disallow it would be ODC with a
> license upgrade. OSMF couldn't stop produced works under CC4 licenses.

The release of Produced Works under a CC license including database 
rights, and with that the danger of a complete and systematic reverse 
engineering under a CC license, would undermine one of the pillars of 
ODbL - the requirement to share a database from which Produced Works are 
made. I would estimate that ODC have something against that, and would 
react in some way.

I don't know if the issue would be a big problem for us. It's possible 
that we just say: "Oh well, if you think you need our data under CC4 
then here you go." - we could even choose to dual-license at the source. 
That would weaken our share-alike quite a bit as everyone would use the 
license that requires them to share the least. A routing web site that 
operates on a clever enhanced routing tree would choose CC-BY-SA so they 
only have to release individual results and not the whole database; a 
publisher would choose ODbL so that they only have to release the 
database but not allow copying of the map.

If we wanted to stop it, then the following actions could be possible:

* lean on ODC to release new anti-Produced-Works-with-database-rights 
license;

* execute CT license change procedure to change to homemade 
ODbL-with-extras license;

* define that anything allowing the automated re-extraction of our data 
with less than x% precision loss is a derivative database and never a 
produced work


-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"