[Osmf-talk] License with or without virus

Dave Stubbs osm.list at randomjunk.co.uk
Wed Dec 9 14:31:19 UTC 2009

On Wed, Dec 9, 2009 at 11:53 AM, 80n <80n80n at gmail.com> wrote:
> On Wed, Dec 9, 2009 at 9:46 AM, Richard Fairhurst <richard at systemed.net>
> wrote:
>> Oliver White wrote:
>> > e.g. in this case it means that you couldn't upload the segment of ITN
>> > news containing your Baghdad map to YouTube and make it a featured
>> > image.
>> Happily, you could. As a report of events ("OSM used in national
>> television map"), it would qualify as 'fair dealing' (UK) or 'fair use'
>> (US) for which ODbL has an explicit exception (6.1b).
> As a produced work ODbL doesn't even come into it.  It could be licensed
> under any license whatsoever.
> Unless ITN is in the business of rendering maps from the data themselves
> ODbL doesn't come into it.  The issue for them would remain that the
> rendered map of Baghdad would be licensed under CC BY-SA.  ODbL changes
> nothing in this scenario.

Not quite, it would be CC BY-SA attributing OpenStreetMap. On being
contacted, a foundation board member (or other appointed party) could
theoretically OK a particular use if asked, as the tiles would be only
CC BY-SA by policy, not requirement of the underlying license. That
isn't possible now due to the attribution issue -- we still don't know
who we're supposed to attribute, although by now we all seem quite
happy with OSM & Contributors, or something like it.

Going back to the original thread [1] there were two main issues:

1) OSM data was being imported as SVG with the intention of overlaying
google satellite imagery -- you can't do that with CC BY-SA

2) nobody knew who to attribute

Now correct me if I'm wrong, but these are both trivial under ODbL and
the answer would have been one line: "Sure, there's no problem! Your
rendered image is a produced work, just be sure to attribute the
OpenStreetMap database".
It's true that the result would not have been Free, free, or possibly
even free as in beer (not something that I would mind).


[1] http://lists.openstreetmap.org/pipermail/talk/2007-February/011537.html

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