[OSM-legal-talk] CC-BY-3.0 *IT* license

[Simon Poole]

Am 30.09.2022 um 15:41 schrieb Andrea Musuruane:
> ...
>
> It is my understanding that datasets distributed under this License 
> are suitable to be imported in OSM and a specific waiver is not 
> required because, not only there is no attribution requirement, but 
> there isn't any restriction applied to databases.
>
> ...

IMHO the whole thing is slightly bizarre.

But in any case: if the licensor applied the licence to a work/dataset 
in which they only have sui generis database rights then waiving the sui 
generis rights would boil down to waiving all rights.

But

a) you would need to determine with a high degree of certainty that 
there are no other rights involved.

b) why would the licensor choose the (fairly convoluted) license in the 
first place instead of something that simply makes it clear that they 
are waiving all rights (CC0 or similar).

Given that, I would not consider it good form exploiting what might 
simply be a mistake (see b)), I would suggest asking for explicit 
permission / waiver. If they are not willing to sign the waiver then 
obviously something has gone wrong.

Simon

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