On 09/03/2010 06:09 PM, Anthony wrote:
I guess. Although it's not really the ODbL that gets me confused but the CT, where it says "DbCL 1.0 for the individual contents of the database". Even more specifically, "the individual contents". What constitutes "individual"? A row in the database? Is a way an individual piece, and if so, what does that mean (does an individual piece which is a way mean just the ordered node references, or does it include the lat/lons of the nodes which are referenced). Etc.
That's an interesting question. I assume it means individual contributions but I don't know.
Would removing the word "individual" from the CT improve it?
Clearly an individual way could, in theory (not in OSM practice), be copyrightable (http://thisworldisnotforsale.com/cgi-bin/james/040821_taking_Line_For_Walk/singleLineFaces400x331.jpg).
Original drawings in a fixed form are generally copyrightable, the medium used shouldn't have much effect on this.
OSM ways aren't generally representations of artistic works, though. And even if any are copyrightable the DbCL will handle that.
If such a database were released with "DbCL 1.0 for the individual contents of the database", would the way be DbCL, or would it be ODbL?
The way would be DbCL, and use of it would be covered by the ODbL or not like the rest of the database.
It's a licencing stack, with each level (data, database, map tiles) covered by an appropriate licence.
Would it make a difference if the way were split into 1,000 different connected ways?
I wouldn't have thought so. If you can re-assemble the copyrighted work then you have the copyrighted work (teleportation doesn't strip copyright, remember :-) ). Individual ways in the drawing might be too simple to claim any rights over. But the DbCL means we don't have to worry about whether one way is likely to be covered by more rights than another.
(IANAL, TINLA, copyrightability criteria and thresholds vary between jurisdictions)
- Rob. _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
