On Mon, Mar 9, 2009 at 11:10 AM, Richard Fairhurst <rich...@systemed.net> wrote: > > If Fred has a program running on his computer that downloads OSM > data, then combines it with some proprietary, non-CC-BY-SA stuff, > that's perfectly ok as long as Fred doesn't then distribute the > result. In fact, Fred isn't actually _allowed_ to distribute the result.
Yes. > And therefore, I presume the same is true if the program is a Flash > app (running client-side, of course, albeit with a browser frame > around it) which outputs the result as a PDF - which Fred can then > save to his local hard drive and/or print. Right? There are two ways of looking at this: 1) Fred is making the work locally on his machine and that this therefore won't break BY-SA. 2) Fred is being required to give up his ability to distribute the BY-SA work and its derivatives in order to receive the BY-SA work through the Flash applet. This therefore breaks BY-SA 4.a "[...] You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. [...] You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. [...]" I honestly don't know which is right so it might be worth asking this on the cc-licences list. Now, if you give Fred a script to run or an overlay that he can copy and paste and just so happen to use on a BY-SA work he downloads separately then you remove the requirement that Fred agree to any implicit limitations before downloading the BY-SA work. This is now the same as the "we just give the user the binary and they are the ones that link it" circumvention technique that was tackled by GPL 3. ;-) - Rob. _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
