On Fri, Sep 3, 2010 at 9:58 AM, Anthony <o...@inbox.org> wrote: > On Fri, Sep 3, 2010 at 6:35 AM, Rob Myers <r...@robmyers.org> wrote: >> On 09/03/2010 03:05 AM, Anthony wrote: >>> >>> On Thu, Sep 2, 2010 at 10:58 AM, Rob Myers<r...@robmyers.org> wrote: >>>> >>>> So when you extract the data, you have not extracted >>>> anything that is covered by BY-SA. Any database you create as a result is >>>> therefore not covered by BY-SA, so the ODbL applies without clashing. And >>>> the user knows this because of the ODbL advertisement attached to the >>>> BY-SA >>>> work. >>> >>> Why does the ODbL apply? Maybe in a state with database rights laws, >>> but in a state without database rights laws, if the data isn't covered >>> by BY-SA (and therefore copyright law), it wouldn't be covered by ODbL >>> either. >> >> If it is possible for the data, or the database, to be covered by copyright >> law then teleporting it doesn't strip that copyright. The copyright >> provisions of the ODbL therefore still apply after you teleport it. > > And the provisions of CC-BY-SA would apply as well. Unless you're > talking about a CC-BY-SA produced work created solely from an ODbL > database, anyway.
Also complicating matters is that the individual data are released under DbCL. It's not really clear what that means in a jurisdiction which doesn't have a database right, but it's hard to see how you can protect an unordered (or trivially ordered) collection of data which individually are DbCL. _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
