[OSM-legal-talk] Using a WMS imagery with CC-BY4.0

[Ivan Garcia]

Thanks a lot for the answer Simon, really complete.

Ivan.

On Mon, Jul 13, 2015 at 6:31 PM, Simon Poole <simon at poole.ch> wrote:

> In general the CC-by licences require downstream attribution that we
> can't provide for any sensible meaning of the word, so you will need
> specific permission in any case, the other part is that the 4.0 licences
> try to cater for sui generis databases and, IMHO-only, that comes out
> rather wrong.
>
> What complicates your specific case even more is that you will find a
> wide range of opinions on if tracing from imagery even creates a
> derivative work (which you need to square with national regulations and
> case law).
>
> The best action is to sidestep the above mentioned can of worms and try
> and get explicit permission, preferably with
>
> http://wiki.openstreetmap.org/wiki/Import/GettingPermission#Letter_Template3
> (the first two letter templates are missing some key points IMHO and
> while simpler are probably not really enough).
>
> Note the letter would need some adaptation in your case since we are
> referring to data derived from the imagery, not the imagery itself.
>
> Simon
>
> Am 13.07.2015 um 12:54 schrieb Ivan Garcia:
> > Hi Simon. Thanks for the answer.
> >
> > Just an extra quesiton, doesn't a CC-BY license already allows
> > derivative work of any kind as long as the author is mentioned? Why
> > would an extra permission for that be required?
> >
> > Best Regards.
> > Ivan.
> >
> > On Mon, Jul 13, 2015 at 5:09 PM, Simon Poole <simon at poole.ch
> > <mailto:simon at poole.ch>> wrote:
> >
> >     Ivan
> >
> >     The problem is that it is a legal can of worms. I would suggest
> simply
> >     asking for explicit permission, or at least formal confirmation that
> >     tracing from the imagery does not create a derivative work and that
> the
> >     government has no rights in such vectorized data.
> >
> >     It is, as you may have seen from previous discussions, not clear if
> the
> >     CC 4.0 licences are compatible (with the exception of CC0 naturally)
> >     with the ODbL and this is likely not an issue that will be resolved
> >     short term.
> >
> >     Simon
> >
> >     Am 08.07.2015 um 14:48 schrieb Ivan Garcia:
> >     > Hi everybody,
> >     > the government of Indonesia recently opened a Open Data portal
> >     > http://data.go.id/ offering some official WMS imagery under CC-BY
> 4.0
> >     > license.
> >     >
> >     > Would that license be enought to be used under JOSM to trace ways
> and
> >     > POIs for OSM?
> >     >
> >     > Thanks in advance.
> >     > Ivan.
> >     >
> >     >
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> >
> >
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> >
>
>
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