Hi, Anthony wrote:
One thing I should point out, though, is that the ODbL does not *say* "you can make Produced Works and release them as CC-BY".
I think it does, at least if taken together with DbCL as planned for OSM.
In fact, what it says is: "You may not sublicense the Database. Each time You communicate the Database, the whole or Substantial part of the Contents, or any Derivative Database to anyone else in any way, the Licensor offers to the recipient a license to the Database on the same terms and conditions as this License." To the extent that you are allowed to offer a license on a Produced Work, that license only applies to *your contribution* to the Produced Work. It does not apply to the "preexisting material". The license you have for the preexisting material, i.e. the Database, is given by the original Licensor of the database, and is ODbL, not CC-BY, or CC-BY-SA, or anything else.
I think you're completely wrong here. Not just a little wrong, but drive-on-the-wrong-side-of-the-motorway kind of wrong. The only reason that you're not being told so by a hundred people is that they have grown tired of telling you.
ODbL gives you the right to use the data to create a Produced Work. A Produced Work is not subject to ODbL because it is not a database; in so far as any copyright subsists in the Produced Work, one would have to look to DbCL for guidance on what happens with that, and DbCL says:
"The Licensor grants to You a [...] license to do any act that is restricted by copyright [...]. These rights include, without limitation, the right to sublicense the work."
Bye Frederik -- Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33" _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
