[OSM-legal-talk] What extra permissions are needed to include CC-BY data in OSM

[Tom Lee]

>
> My, very conservative, reading of CC-BY 4.0 would indicate that it has
> additional issues over just the attribution problem for databases.
> CC-BY 4.0 contains the following (4.b):
> "if You include all or a substantial portion of the database contents in
> a database in which You have Sui Generis Database Rights, then the
> database in which You have Sui Generis Database Rights (but not its
> individual contents) is Adapted Material; and"
> "Adapted Material" is essentially a derivative Work, or using ODbL terms
> a derivative database. The CC-BY terms would however seem to make it
> impossible to create an ODbL collective database from an OSM dataset
> including CC-BY material.


I think things are getting a little mixed up. The ODbL refers to
"Derivative Databases" and "Produced Works" but not "Derivative Works"
(well, except one, but I think that line exists because of poor drafting,
not a deliberate choice).

I *think* you are gesturing toward "Produced Works" and how the full ODbL
does not attach to them, and conflating this idea with CC-BY's "Adapted
Material". ODbL Produced Works lose license restrictions; CC-BY Adapted
Material may gain them. Perhaps this contrast is confusing the situation?
Deeming something to be CC-BY "Adapted Material" gives the creator *more*
control over its license status, not less, because CC-BY is not designed
with virality in mind. This is implicitly affirmed in 3(a)(4), which
mentions the application of other licenses to Adapted Material.

The portion of the license following the "and" in your excerpt simply
points to CC-BY's attribution requirements, which must follow the
contributed content through into the Adapted Material. These attribution
requirements are extremely generous:

You may satisfy the conditions in Section 3(a)(1)
> <https://creativecommons.org/licenses/by/4.0/legalcode#s3a1> in any
> reasonable manner based on the medium, means, and context in which You
> Share the Licensed Material.


I think the vast quantity of CC-BY licenses data is too important a
resource to ignore given the slightness of this limitation, but I
understand the need for conservatism. One of Creative Commons' US
affiliates is located at a law school here in Washington, DC -- I've
reached out to see if they might be able to help.

Tom
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