[OSM-legal-talk] new wiki page ODbL compatibility of common licenses

Simon Poole simon at poole.ch
Tue Jan 19 09:38:04 UTC 2016


As has been pointed out here before CC-BY 4.0 is essentially a
completely new license (compared to previous CC-BY versions) and
potentially is not "fixable", definitely it is not just a question of
getting permission to attribute on the website. Further it could be
argued that in reality such permission creates a completely new licence,
in any case I think "fixable" might be the wrong term, since every
licence is "fixable" by replacing it with something else or explicit
permission.

 The other problem with ODbL and CC-BY licences is that they do not
allow sub-licensing, not to mention that the ODbL is silent on the form
of rights (ownership) in derivative databases (in conventional copyright
the creator of a derivative could/would have separate rights to the
specific derivative, it is not clear how this is supposed to work in the
potential absence of copyright protection in the case of database
elements that themselves have no protection).  

And another point: the whole thing needs a gigantic disclaimer at the
top pointing out that the determinations are only for unmodified
versions of the licences and that (that they are unmodified) needs to be
determined by looking at the actual licence text, see the OS version of
the OGL and the current upset with the Australian GNAF data (licensed on
terms of a modified CC-BY 4.0) for examples of such issues.

Simon


Am 18.01.2016 um 11:53 schrieb Martin Koppenhoefer:
> Following a thread on the OSMF-talk list, I am kindly asking you to
> review and improve a new wiki page that tries to give an overview
> about the compatibility of common licenses with the ODbL and CT:
> http://wiki.openstreetmap.org/wiki/Import/ODbL_Compatibility
>
> Feel free to modify and improve this first draft. I have not yet
> linked it from any other wiki pages but plan to do so from the imports
> section of the wiki after some community review.
>
> Cheers,
> Martin
>
> For reference, this is the OSMF-talk thread:
> https://lists.openstreetmap.org/pipermail/osmf-talk/2016-January/003665.html
>
>
> _______________________________________________
> legal-talk mailing list
> legal-talk at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk

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