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

[Rob Myers]

On 07/24/2012 10:01 PM, Tadeusz Knapik wrote:
> Hello,
>
>>> doesn't order him to attribute OSM, he uses my product). And then
>>> another one will use this last map to retrace the whole area into his
>>> CC-By-SA map. Where is the point of breaking ODbL license?
>> You have to maintain attribution under BY-SA, so OSM has to be attributed at
>> each point and no break will occur.
> Ok, but how an attribution itself should overcome CC-By-SA's rights?

It doesn't. It just "advertises" the database.

> I mean if the last-in-the-chain user sees "OSM", and even looks at the
> ODbL license, how could he assume the ODbL license applies to him
> instead of CC-By-SA, and in which case? What determines which actions
> are permitted, and which are not, and which license's rights are
> stronger?

Each license covers the material that it covers.

If the user uses the database, or a substantial part of it, the 
attribution ensures that they know the requirements for using the database.

> CC-By-SA's points 3a, 3b, 4a, 4b doesn't seem to leave place for
> another copyrights "inside", and from my point of view they don't have
> to as (in my NAL-opinion) ODbL doesn't try to impose on Produced Work
> any rights other than attribution (point 4.3: Notice for using
> output).

Sure, this is about retaining the freedom to work with the data that has 
been used to produce the produced work.

> If ODbL should apply to a database retraced from CC-By-SA tiles (let's
> rememeber they also contain someone else's work, like those trails and
> mountain tops - so it's not just 'tiles from and ODbL map'), it would
> have to create ODbL's Derivative Database, which conflicts with
> CC-By-SA imposing CC-By-SA on an Adaptation. And as the product _is_
> CC-By-SA, you can't say it does not apply...

BY-SA doesn't cover databases though (any potential changes in 4.0 
notwithstanding).

ODbL is still a comparatively new license and it is reasonable to have 
questions about it. I would recommend going to the people who wrote it 
and asking them directly, which you can do on the odc-dicuss list:

http://lists.okfn.org/mailman/listinfo/odc-discuss

- Rob.