On Fri, Jan 21, 2011 at 3:58 AM, Joao Neto <[email protected]> wrote: > If the OSM POI data is displayed together (i.e. in the same page or same > screen or same map, etc.) with data and POIs from other sources, does the > "share-alike" apply?
The question is whether the OSM POI data and the proprietary POI data constitute "separate and independent works in themselves". I'd say being on the same page or same screen, in itself, is fine, but if you mix the sources together into a single map (regardless of the technical process used to create that map), then you must make the map, including the underlying data, CC-BY-SA. Until that point, I think you're fine, so long as you keep the data in separate tables, and probably even if you keep it in the same table with a column that distinguishes the two. Some people disagree with this, and feel that if the works are combined by the end user, for instance in javascript, that everything is okay. Personally I think the *intent* of CC-BY-SA is not to include such a loophole, as there is effectively no difference between a mashup made on the server and a mashup made on the client. Another thing to consider is that making the mashup on the client side requires sending the data to the client in a form that is easily copied. And if your map is publicly available, that means it's highly likely that someone is going to come along and extract your supposedly proprietary data and use a loophole of their own - the fact that factual data is largely unprotected from copying in most parts of the world. _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk
