On 30/10/2012 13:07, Jonathan Harley wrote:
(After a hiatus - I've been discussing this off-list with Anthony and
others.)
On 22/10/12 23:13, Anthony wrote:
On Mon, Oct 22, 2012 at 4:49 PM, Martin Koppenhoefer
<dieterdre...@gmail.com> wrote:
2012/10/22 Jonathan Harley <j...@spiffymap.net>:
Anyway, the ODbL is explicit that an image is an example of a
produced work,
so for anyone creating them, their responsibility is clear: include
the
notice required for produced works.
It's also explicit that a produced work is not a derivative
database (4.5b),
so it follows that a map image does not have to be licensed using
ODbL. So,
the hypothetical person wishing to publish on a stock art website
only has
to decide whether they wish to impose ODbL or some other
restriction on
their work, or not. Not imposing any restrictions on an image is
clearly
allowed. (In which case a database derived from the image would not
be bound
by ODbL.)
Then this is clearly a loophole. You could render (with a dedicated
style) the whole world in a very high zoom level (even as raster, if
you're in doubt whether vectors might fall under ODbL), apply image
recognition on it (would be simple if you used one rendered layer per
feature) and reassemble the whole database. I am simplifying this
process, but it is clearly possible.
This (both Jonathan's comment and your response) confuses copyright
law. Yes, you don't have to release a Produced Work under ODbL. But
if you don't have a license on the Produced Work, then all rights are
reserved.
Only *if* copyright is there at all. What is in question is whether a
substantial amount of material that is OSM's copyright is present in a
map I make using OSM's data. If it isn't, then it follows that OSM
cannot reserve any rights in my work, explicitly or otherwise.
No loop hole. Unless I am missing something earlier in the thread, this
is covering very old ground. This is the LWG understanding: The buzz
phrase is "layered copyright". Using an open licensed photo of a
MacDonald's restaurant does not give one the right to use MacDonald's
logo. In our world, the classic case is the SVG file. The publisher can
publish it as a Produced Work if the intent is to show a pretty picture
but if someone then comes along and tries to extract and re-constitute
OSM data from it, then OSM copyright applies to them.
Mike
http://wiki.openstreetmap.org/wiki/Open_Data_License/Produced_Work_-_Guideline
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