[Osmf-talk] Regarding tile licensing

[Simon Poole]

PS: as I've pointed out before, the sui generis database clause in CC BY
4.0 is very sharealikeish and more restrictive than the ODbL on how it
would affect third party databases that contain OSM data licensed on
such terms.

Am 18.06.2019 um 18:25 schrieb Simon Poole:
> The issue that the licence doesn't require compliance with the ODbL
> exists with the current license, and any other common licence that I
> know of. And literally 1000s of maps produced from OSM data are
> similarly not licensed on terms that would require that.
>
> As per definition a ODbL Produced Work is not a database, we are clearly
> not licensing any database rights to start with in any case.
>
> Simon
>
> Am 18.06.2019 um 17:21 schrieb Christoph Hormann via osmf-talk:
>> The agenda for the next board meeting has the possible change in the
>> license terms in the rendered map tiles from osm.org on the agenda:
>>
>> https://wiki.osmfoundation.org/wiki/Board/Minutes/2019-06-19#Recommendation_by_LWG_on_a_future_.22tile-licence.22
>>
>> I would like to urge the board to be careful about choosing to
>> distribute produced works under a license that does not explicitly
>> require compliance with the ODbL.
>>
>> If the OSMF distributes rendered map tiles under CC-BY 4.0 without any
>> further conditions users according to my understanding may rightfully
>> assume that they can do anything with those that is covered by CC-BY.
>> Since CC-BY 4.0 explicitly includes database rights that would cover
>> extraction/reverse engineering any semantic information from the
>> rendered map (like OCRing names) which could then be considered
>> detached from the ODbL.
>>
>> Of course the OSMF would under the contributor terms not be allowed to
>> effectively grant others the right to use OSM data under terms other
>> than the ODbL without having a vote among active constributors first.
>> But those who'd use the tiles under CC-BY don't know that and cannot be
>> expected to know that - for them the tiles would be just like any other
>> map licensed under CC-BY.
>>
>> In other words: While the ODbL allows data users to license their own
>> rights in a produced work under any terms they like the ODbL still
>> applies to the data contained in the produced work.  For anyone other
>> than the OSMF this is implicitly the case.  If I create a map based on
>> OSM data i can release it under CC0 the OSMF could still require
>> everyone using the map to comply with the ODbL.  If however the OSMF
>> licenses a map rendering under CC-BY, not explicitly excluding the data
>> contained in the map from the license, it cannot the next day sue the
>> user to comply with the ODbL when using data from that map because the
>> user would then simply point to having been given permission to do so
>> under CC-BY.
>>
>> --
>> Christoph Hormann
>> http://www.imagico.de/
>>
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>
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