On 6 Mar 2009, at 16:11, 80n wrote: > I may have got this all wrong but it seems to me that Produced Works > are potentially compatible with most licenses, but are not > compatible with most share alike licenses. I hope this isn't right > and that someone can explain the flaws in my reasoning. > > I can create a Produced Work and publish it under MyWTF license > [1]. If I'm the author of the MyWFT license then I can put whatever > clauses I like in it providing I admit the ODbL reverse engineering > clause and provide the appropriate attribution. > > However if I try to publish a Produced Work under a share alike > licence like CC-BY-SA then I am bound to the inevitable clause that > will prevent me from attaching any *additional* constraints to the > license. In the case of CC-BY-SA this would be clause 4a which says > "You may not offer or impose any terms on the Work that restrict the > terms of this License..." So I can't add the extra reverse > engineering clause that ODbL requires. > > Since every share alike license, almost by definition, will have a > clause like this there seems to be no way that I can publish a > Produced Work under any share-alike license. > > So, I can publish the Produced Work using any license I can dream > up, no matter how draconian, unless it contains a share-alike clause. > > Are ODbL Produced Works really anti-share alike or is there some > subtlety that I have missed?
This is really something we need a legal view on. Personally and in discussion with our lawyer we feel there is probably a contradiction with the license as drafted and we are looking at it in more detail to see what can be done. I believe that we must allow Produced Works to be CCBYSA and I can't see that anything else would make any sense. We should be aware that we might end up coming to the same conclusion that Creative Commons did, that the only solution that doesn't block some of the important things we do want to allow is to use something like the 'Open Access Data' protocol they are proposing. To be clear we haven't come to that conclusion yet, but there are some significant issues in defining Produced Works, Collective Databases and Derivative Databases to make some key Use Cases work as desired. Regards, Peter Regards, Peter > > > 80n > > [1] The MyWTF license: > 1) Hands off, its all mine. > 2) Any data created from this work that constitutes a substantial > part of the data contained in the original database is govered by > the Open Database Licence (ODbL). > 3) This pretty picture contains information from the MyODbL > database, which is made available here under the Open Database > Licence (ODbL). > > _______________________________________________ > legal-talk mailing list > legal-talk@openstreetmap.org > http://lists.openstreetmap.org/listinfo/legal-talk _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
