On 1 Mar 2009, at 11:44, Gustav Foseid wrote:
On Sat, Feb 28, 2009 at 8:34 PM, Frederik Ramm <frede...@remote.org>
wrote:
Not on the map per se, but if you use the map to re-create the
original
database then - at least that's what I was thinking! - you are not
using
your own database but you are (again) using the database compiled by
the
original owner, so you need his permission to use it. This is - I
thought - absolutely independent of the channel through which you
received the original database.
Think of CC0 (waive all database rights) or WTFPL (Can I... trace
from the map and sell the result?). With such licenses you can not
keep any databse rights.
But then again, the ODbL says "[a]ny product of this type of reverse
engineering activity (whether done by You or on Your
behalf by a third party) is governed by this License". I fail to see
how a person having access to only the Produced Work (that would be,
for instance, a user of an online mapping service using OSM data),
could be bound by the ODbL. As long as he or she does not reverse
engineer "on Your behalf", it seems such reverse engineering would
be allowed.
Agreed. I am awaiting an explanation of this one from someone 'on the
inside' of the legal negotiations on this one.
I fail to see how one can insist on any terms on a Produced Work that
is released as PD and I thought this was one of more important
findings from the last time we reviewed the license (the previous
version) and this was the reason I suggested that one would have to
put license conditions on Produced Works. I am not aware of any
comment from the 'inside' except for the legal council comments to Use
Case 1 which confirms the ambiguity saying "The ODbL imposes no
license restrictions on the Produced Works, although it does restrict
reverse engineering the Produced Work in order to re-create the
Database and place it under a different license."
Ihmo, If this consultation is going to be meaningful we really do need
some authoritative voices from within the Foundation / License Team on
the matter.... Can anyone hear us?..
Peter
- Gustav
_______________________________________________
legal-talk mailing list
legal-t...@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk
_______________________________________________
legal-talk mailing list
legal-t...@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk
