[talk-au] [OSM-legal-talk] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

Ben Last ben.last at nearmap.com
Fri Jun 17 04:23:04 BST 2011


On 16 June 2011 14:48, Francis Davey <fjmd1a at gmail.com> wrote:

That it was drafted, carefully, by a lawyer I do not doubt. But lawyers
draft things on instruction to achieve particular goals. My understanding
from Ben's comment is that one of the goals of nearmap is that derived works
are distributed only under CC-BY-SA. The second paragraph does that job well
as far as I can see and prevents OSM from relicensing nearmap data under
ODbL.

The goal of that statement was to allow any contributions that have been
derived from our PhotoMaps under our current licence (which is what imposes
the CC-BY-SA redistribution condition) can remain in the OSM db.  Not being
a lawyer, I'm not going to comment on how the statement may or may not
achieve that; I'm not qualified to interpret it.  All I can do is make it
clear that it was drafted to explicitly allow derived data to stay in the
database.  I've seen the background correspondence about it, and I know the
lawyers involved were well aware of the CTs, the OdBL, the future licence
terms, etc, when they drafted it.

On 16 June 2011 17:02, Elizabeth Dodd <edodd at billiau.net> wrote:

Ben, thanks for the offer, but worded as it is I still don't find that
compatible with OSMF's terms and conditions.


Well, a bunch of people here put real effort into finding a way to avoid
large amounts of NearMap-derived data being deleted by addressing the
licence incompatibility, but we are all busy with many tasks that have to be
given a higher priority than this, so I doubt very much that there can be
any more legal work done on our side to clarify this further.  I'm sure that
there could be a long and detailed discussion on whether the statement
achieves that but I say again: that's exactly what it was intended to achive
and it was written by our lawyers to do just that. :)

Regards
Ben
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