On 18 June 2011 19:48, Francis Davey <fjm...@gmail.com> wrote:
> 2011/6/18 John Smith <deltafoxtrot...@gmail.com>:
>> Well one assumption I'm making is that everyone is adhering to the
>> license restrictions placed on them, perhaps this would be easiler
>> with a solid example.
>>
>> OSM-F continues to distribute map tiles under a CC-by-SA license and
>> for the purpose of this example doesn't have a terms and condition
>> using their website.
>>
>> Someone from the US comes along and derives some data from the tiles
>> OSM-F produces.
>>
>> That same someone then distributes the resulting data under a CC-by-SA 
>> license.
>>
>> At any point is anyone in breach of copyright?
>>
>
> Where do they do all these acts? Jurisdiction may matter. In the UK
> reconstructing a substantial part of the database from the tiles would
> almost certainly be an extraction and so potentially infringing the
> database right unless licensed etc. I think quite likely an
> infringement of copyright in the database in the UK as well. Quite
> possibly not an infringement of copyright elsewhere. I simply don't
> know about that.
>
> Generally doing something indirectly via other works cannot be used to
> launder an infringement in the UK.

Well this is why I asked if the second party was in the US.

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