On Wed, Feb 2, 2011 at 1:23 PM, Frederik Ramm <frede...@remote.org> wrote: > Hi, > > On 02/02/11 18:49, Jonathan Harley wrote: >>> >>> For print, yes, that's about the size of it. >> >> I don't see what print's got to do with it. Any rendering, whether to >> paper or to a screen, changes the bits used > > The difference is who makes the work. > > If you have an image comprising two separatable layers - say, an OpenLayers > map with a CC-BY-SA source and a proprietary source - then both these images > are published by the people operating the servers (may be the same server, > may be different servers). > > You have two images, with different licensing, and it is *you* who combines > them, using software that runs on *your* computer, into one rendering. > > If *that* rendering was now published, it would certainly have to be > CC-BY-SA (say if you make a screenshot or a print). However, the people you > get the images from do not publish that rendering; they publish two distinct > images, licensed differently, which is totally ok.
There's no way that would ever hold up in court. For one thing, I don't think you're right that the person doing the combining is the person who visits the website, or the person who owns the computer which does the combining. Rather, I'd say the person doing the combining is the person who instructs the computer to combine the images, in other words, "the people you get the images from". Furthermore, even if the direct infringer *was* the person who visited the website, the person who wrote the website to facilitate the infringement would still be guilty of contributory infringement. The only way to get around infringement in the case of layers is to successfully claim 1) that no derivative work is produced (probably under the argument that the combined work is not "fixed"; or 2) that the license permits the particular combination. Of course, the real issue here is that we're talking about infringement for which the actual damages are miniscule, and for which statutory damages probably aren't available (as the work has not been registered). > That's the difference between print (where the image is already combined for > you, and published in combined form) and a layered web application (where it > is you, through certain instructions you give to software running on your > machine, who creates the derived work by superimposing the images). Nonsense. The person visiting the website doesn't give the instructions to the machine. The person providing the website does. _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
