[OSM-legal-talk] Response regarding use of PSMA Administrative Boundaries (Australia)

[Simon Poole]

See mainly this (1 year+ old) thread:
https://lists.openstreetmap.org/pipermail/legal-talk/2015-May/008127.html

Essentially the issue is with 4b and 4c of CC by 4.0: any inclusion of a
third party CC by 4.0 licensed database in a database in which the
rights holder claims Sui Generis rights (for example the OSMF in
OpenStreetMap data) creates Adapted Material, which per 4c requires
licensing on the terms of 3a of which 3.a.4. would seem to make it
impossible to license the end result on ODbL terms (since it applies to
the combined database).

Simon


Am 08.07.2016 um 21:22 schrieb Diane Peters:
> Do you mind expanding on what you mean when you say CC hasn't
> addressed the viral nature of BY 4.0 relative to databases? Trying to
> understand.
>
> Diane M. Peters
> General Counsel, Creative Commons
> Portland, Oregon
> http://creativecommons.org/staff#dianepeters
> 13:00-21:00 UTC
>
>
> On Fri, Jul 8, 2016 at 9:41 AM, Simon Poole <simon at poole.ch
> <mailto:simon at poole.ch>> wrote:
>
>
>     >
>     > There are no substantial differences between the CC BY 3.0 and
>     the CC BY
>     > 4.0 licences. A summary of the differences can be found here:
>     >
>     https://creativecommons.org/share-your-work/licensing-considerations/version4/.
>     > CC BY 4.0 (like CC BY 3.0) does not prevent OpenStreetMap from
>     applying
>     > your own licence to your products but requires end users to
>     comply with
>     > the CC BY licence (in relation to the original data).
>     >
>     Just a further remark, this comparaison does not address the potential
>     viral character of CC by 4.0 when database rights are involved (which
>     unluckily CC seems to be completly quiet on), which again would cause
>     issues when including such data in OSM.
>
>     Simon
>
>
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