Re: [OSM-legal-talk] Some questions about using ODbL "Produced Work" maps in Wikipedia

2012-07-22 Thread Frederik Ramm

Hi,

On 22.07.2012 08:43, Eugene Alvin Villar wrote:

So, conveying your work to a
another entity and not the general public does not count as
"publishing".


I think that as far as viral licenses are concerned, the "public" is 
anyone who is not yourself, or part of your own organisation.


I think that the CC licenses often use "distribute or publicly 
perform..." which makes this a bit clearer, but ODbL also contains the 
definition:


>>>
“Publicly” – means to Persons other than You or under Your control by 
either more than 50% ownership or by the power to direct their 
activities (such as contracting with an independent consultant).

<<<

Bye
Frederik

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Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"

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Re: [OSM-legal-talk] Some questions about using ODbL "Produced Work" maps in Wikipedia

2012-07-22 Thread Frederik Ramm

Hi,

On 22.07.2012 00:22, Paul Norman wrote:

If CC4 comes out with such indiscrimante inclusion of database rights
then my guess is that it will either be automatically impossible to
licene Produced Works under CC, or we will have to explicitly disallow
it.


I'm not sure who you mean by we in that statement. If ODbL allowed produced
works under CC4 the only people who could disallow it would be ODC with a
license upgrade. OSMF couldn't stop produced works under CC4 licenses.


The release of Produced Works under a CC license including database 
rights, and with that the danger of a complete and systematic reverse 
engineering under a CC license, would undermine one of the pillars of 
ODbL - the requirement to share a database from which Produced Works are 
made. I would estimate that ODC have something against that, and would 
react in some way.


I don't know if the issue would be a big problem for us. It's possible 
that we just say: "Oh well, if you think you need our data under CC4 
then here you go." - we could even choose to dual-license at the source. 
That would weaken our share-alike quite a bit as everyone would use the 
license that requires them to share the least. A routing web site that 
operates on a clever enhanced routing tree would choose CC-BY-SA so they 
only have to release individual results and not the whole database; a 
publisher would choose ODbL so that they only have to release the 
database but not allow copying of the map.


If we wanted to stop it, then the following actions could be possible:

* lean on ODC to release new anti-Produced-Works-with-database-rights 
license;


* execute CT license change procedure to change to homemade 
ODbL-with-extras license;


* define that anything allowing the automated re-extraction of our data 
with less than x% precision loss is a derivative database and never a 
produced work



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Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09" E008°23'33"

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