Richard Fairhurst wrote:
Christopher Schmidt wrote:
I think that the public-domain only data will be a 'small cool skin' of imagery, but it should still be there and usable. In addition, if you can deal with other licenses -- for print works, and many others, Attribution probably works relatively well -- then you can have access to more imagery.

Really, there's two different licensing issues here:
- licensing of the imagery
- licensing of derived vector works ("tracings")

I can see the merit in OAM offering variously-licensed imagery. As you say, lots of providers will insist on attribution, and solving that is a fairly trivial technical issue with few ramifications for the end-user.

But I don't feel that we should accept any restrictions on the latter. Preventing people from tracing is a Bad Thing that requires hard-to-understand contracts over and above the clear intent of copyright law. There isn't even the ODbL defence (where contracts are necessary for a level playing field internationally) - I don't know of any jurisdiction where tracing non-original features from imagery inherits a copyright.
If the source data is properly licensed, the derived works are also properly licensed. For instance CC-SA will allow derived works to be used and shared under 'under the same, similar or a compatible license.' Which also means you can use it with OSM and their ODbL (http://www.opendatacommons.org/licenses/odbl/). I don't think you can license the imagery, without licensing its derivatives in one way or the other. The copyleft licenses are very much designed to relicense derivatives, where most EULAs forbid derivatives. Both have a say on it.

Even if the tracing tries to enforce a share-alike component through contract (e.g. "your derivations must be licensed CC-BY-SA") it will almost certainly end up being incompatible with other share-alike licences, because you're creating data (needs a data licence) from something that'll _probably_ have a creative works licence.

As said CC-BY-SA enforces the derivatives to use the same, similar or compatible license, I don't see a problem with those derivatives being compatible with other share-alike licenses.

Steven



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