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

[Simon Poole]

Am 06.05.2015 um 16:42 schrieb Tom Lee:
..
> 
> 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.

Nope. I was referring to collective databases in the ODbL which are
roughly the equivalent of collective works in early versions of CC
licenses and only require the OSM derived part to be subject to the ODbL
terms.

> 
> 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.

The actual requirement is in 4(c):

"You must comply with the conditions in Section 3(a) if You Share all or
a substantial portion of the contents of the database." which is a bit
more than just 3(a)1,

Simon

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