Hi, On 21.07.2012 20:18, Mike Dupont wrote:
No. The Produced Work you create is uploaded to Wikipedia under CC-BY-SA and that's all that counts. CC-BY-SA would not allow additional conditions (e.g. the making available of a source database) anyway. The "Created from OdBL-licensed OSM data available here" that you have to add to your Produced Work becomes, in the terms of CC-BY-SA, a "copyright notice" that the CC-BY-SA user is required to "keep intact" but that's all they have to do.Does that mean I can trace that data back into a cc-by-sa osm database?
This is a point that has been discussed at length in the past three years on this mailing list and on the ODC mailing list.
At times, the idea was floated to make it part of Produced Work licensing requirements that reverse engineering will bring back ODbL on the reverse-engineered database. This licensing requirement would have made it impossible to publish Produced Works under most known share-alike licenses (with the possible exception of CC-BY-SA-ND which disallows creating derived works altogehter).
The currently accepted wisdom is that there exists a separate channel, apart from copyright, in which database right persists no matter what copyright license is used.
This means that *if* somebody took lots and lots of CC-BY-SA-published OSM maps and reverse-engineered them into a new database, this database would then *automatically* fall under ODbL even if that was not mentioned in the CC-BY-SA product.
This may sound hardly believeable to some but it is indeed not an uncommon concept. Imagine that I prepare an article about how Dyson's bagless vacuum cleaners work, and upload that to Wikipedia under CC-BY-SA. Which is totally legal. Then you download the article and you go: "Ha! This is CC-BY-SA so no further restrictions can be added. I will build this vacuum cleaner and flood the world with inexpensive and eco-friendly Dupont cleaners!" - Sure enough, after a while Dyson will come knocking and sue you for infringement of their patent.
So; the (entirely legal) publication of something under CC-BY-SA does not necessarily mean that you can do anything with it without infringing other rights.
The tl;dr answer to your question is: No you cannot as far as OSMF is concerned - but whether you get away with it is probably a question of jurisdiction.
(If anyone wants to pursue this discussion I would very much ask them to peruse the mailing list archives with the search term "reverse engineering" and read up on past discussions so that we don't have to repeat ourselves.)
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
