[OSM-talk] Will OSM tiles be CC-0 soon?

[Richard Weait]

On Wed, Oct 26, 2011 at 10:17 AM, Serge Wroclawski <emacsen at gmail.com> wrote:
> On Wed, Oct 26, 2011 at 6:54 AM, Grant Slater
> <openstreetmap at firefishy.com> wrote:
>
>> No absolute decision has been made, but seems most practical to remain CC-by-SA.
>>
>> There has been previous discussion on the lists. (ca ~ 1 year ago)
>
> I realize this is not legal-talk, but since this discussion is
> happening here, Grant, can you explain how tiles would not be required
> to keep the license as a Re-utilization of the work, as per section
> 1.0:
>
> “Re-utilisation” – means any form of making available to the public
> all or a Substantial part of the Contents by the distribution of
> copies, by renting, by online or other forms of transmission.
>
> Tiles seem to be an extraction and Re-utilization, and are thereby
> covered by the license and therefore the only way the foundation could
> re-license them would be to go outside the license and exercise its
> authority under the terms of the CT. But since no third party can do
> that... why would OSMF? That is why would OSMF set an example of use
> that no third party could perform- especially when the sys-admins seem
> to adamant about people using third party tile servers?

Tiles would be a [from http://opendatacommons.org/licenses/odbl/1.0/]

“Produced Work” – a work (such as an image, audiovisual material,
text, or sounds) resulting from using the whole or a Substantial part
of the Contents (via a search or other query) from this Database, a
Derivative Database, or this Database as part of a Collective
Database.

§4.2a requires public conveyance of the database, collective database
or derivative database under ODbL.

tiles (as a produced work) are covered later in

§4.3 Notice for using output (Contents). Creating and Using a Produced
Work does not require the notice in Section 4.2. However, if you
Publicly Use a Produced Work, You must include a notice associated
with the Produced Work reasonably calculated to make any Person that
uses, views, accesses, interacts with, or is otherwise exposed to the
Produced Work aware that Content was obtained from the Database,
Derivative Database, or the Database as part of a Collective Database,
and that it is available under this License.

A simplified way of thinking about this is as follows.  The data and
database stay as ODbL; things created from the data / database that
are not data / database may be licensed in other ways.

Is that clearer?