On 07/24/2012 10:01 PM, Tadeusz Knapik wrote:
Hello,
doesn't order him to attribute OSM, he uses my product). And then
another one will use this last map to retrace the whole area into his
CC-By-SA map. Where is the point of breaking ODbL license?
You have to maintain attribution under BY-SA, so OSM has to be attributed at
each point and no break will occur.
Ok, but how an attribution itself should overcome CC-By-SA's rights?
It doesn't. It just "advertises" the database.
I mean if the last-in-the-chain user sees "OSM", and even looks at the
ODbL license, how could he assume the ODbL license applies to him
instead of CC-By-SA, and in which case? What determines which actions
are permitted, and which are not, and which license's rights are
stronger?
Each license covers the material that it covers.
If the user uses the database, or a substantial part of it, the
attribution ensures that they know the requirements for using the database.
CC-By-SA's points 3a, 3b, 4a, 4b doesn't seem to leave place for
another copyrights "inside", and from my point of view they don't have
to as (in my NAL-opinion) ODbL doesn't try to impose on Produced Work
any rights other than attribution (point 4.3: Notice for using
output).
Sure, this is about retaining the freedom to work with the data that has
been used to produce the produced work.
If ODbL should apply to a database retraced from CC-By-SA tiles (let's
rememeber they also contain someone else's work, like those trails and
mountain tops - so it's not just 'tiles from and ODbL map'), it would
have to create ODbL's Derivative Database, which conflicts with
CC-By-SA imposing CC-By-SA on an Adaptation. And as the product _is_
CC-By-SA, you can't say it does not apply...
BY-SA doesn't cover databases though (any potential changes in 4.0
notwithstanding).
ODbL is still a comparatively new license and it is reasonable to have
questions about it. I would recommend going to the people who wrote it
and asking them directly, which you can do on the odc-dicuss list:
http://lists.okfn.org/mailman/listinfo/odc-discuss
- Rob.
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