On 21 June 2011 23:31, Stephen Gower <socks-openstreetmap....@earth.li> wrote: > [Sorry to quote so much context - please do scroll down!) > > On Sun, Jun 19, 2011 at 11:16:03AM +0100, Robert Whittaker (OSM) wrote: >> I think the question being asked arises from the following >> hypothetical chain of events: >> >> 1/ Person A has a database that he licenses under ODbL. >> >> 2/ Person B takes the database and creates a produced work [...] and also >> licenses the produced work (eg map tiles) under either (i) PD/CC0 or (ii) >> CC-By. >> >> 3/ Person C takes the produced work under PD/CC0 or CC-By, and creates >> a derivative work from it by 'reverse engineering' the map tiles to >> recover (some of) the data in the original database. [...] > > I think it's worth re-iterating the point made earlier: > > If Person A has publically expressed their desire that the database and > copies of it remain under ODbL, and Person C is aware of this, then Person C > needs to get their own legal advice. Person A, if asked about the possible > loophole, should just repeat that their intention is that copies of the > database should only be available under ODbL. > > Person A also should do as much as they can to make sure any potential > Person C is aware of the intention. In the case of OSM, it helps that it's > the largest open map data project - it's likely anyone thinking of creating > a map data from tiles they somehow got hold of from Person B would > investigate and discover OSM exists.
I don't think intent alone is enough, if the intent is to limit derivative copies you need to stipulate that in your license to B, otherwise you know that C is able to do what ever he likes based on the license between B and C. _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
