[Osmf-talk] License with or without virus

80n 80n80n at gmail.com
Wed Dec 9 14:51:41 UTC 2009

On Wed, Dec 9, 2009 at 2:31 PM, Dave Stubbs <osm.list at randomjunk.co.uk>wrote:

> 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).
> Dave
Thanks for digging out the link to the original thread.

Incidentally, the author of most of the OSM data for Baghdad, David Groom,
agreed to put the data into the Public Domain so that ITN could use it [1]
but, as far as I know, it still didn't happen.


[1] http://lists.openstreetmap.org/pipermail/talk/2007-February/011546.html

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