On 07/26/2010 05:19 PM, Anthony wrote:
Where are you given permission to copy and distribute the produced
work without following the terms of ODbL.
Nowhere. However the terms that cover Produced Works are different to
those that cover Derivative Databases, and the attribution/advertising
requirement on produced works is BY-SA compatible.
(Alternatively, where does
the ODbL give you permission to copy and distribute the produced work
without following 4.6.)
4.6 covers Derivative Databases, not Produced Works.
Remember, copyright and database laws default
to "all rights reserved" barring a license to the contrary.
The ODbL is a licence to the contrary (except where it's a contract ;-) ).
So there are two parallel distribution and derivation graphs, of the
ODbL-licenced databse and the (sometimes) BY-SA licenced works. Neither
interferes with the rights granted under the other.
That's not how licenses work. By default you have no rights. A
license *grants* rights. The only way for the derived work (i.e. the
produced work) to be under BY-SA is if the rights holder grants a
license under BY-SA.
And if you receive the database under ODbL you have the licence to grant
such a licence on Produced Works.
Consider the LGPL. If I have software under CC-BY-SA, and I want to
include an LGPL library, can I do it? No. Not because I'm violating
the LGPL, but because I'm violating CC-BY-SA.
CC explicitly state that BY-SA shouldn't be used for software.
Incidentally, that's why the LGPL explicitly gives permission to
relicense the work under GPL. Otherwise, LGPL wouldn't be compatible
with GPL.
Imagine a non-BY-SA licence on a work that says "you may licence
transformative adaptations of this work under BY-SA as long as you
attribute this work".
The resulting work people release under BY-SA including the attribution
to the original work both satisfies the original licence and is BY-SA
compatible.
That is the situation with the ODbL and BY-SA.
(IANAL, TINLA.)
- Rob.
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