On Wed, Nov 11, 2009 at 04:56:07PM +0100, Steven M. Ottens wrote:
> Richard Fairhurst wrote:
>> Christopher Schmidt wrote:
>>> I think that the public-domain only data will be a 'small cool skin'
>>> of imagery, but it should still be there and usable. In addition, if
>>> you can deal with other licenses -- for print works, and many
>>> others, Attribution
>>> probably works relatively well -- then you can have access to more
>>> imagery.
>>
>> Really, there's two different licensing issues here:
>> - licensing of the imagery
>> - licensing of derived vector works ("tracings")
>>
>> I can see the merit in OAM offering variously-licensed imagery. As you
>> say, lots of providers will insist on attribution, and solving that is
>> a fairly trivial technical issue with few ramifications for the
>> end-user.
>>
>> But I don't feel that we should accept any restrictions on the latter.
>> Preventing people from tracing is a Bad Thing that requires
>> hard-to-understand contracts over and above the clear intent of
>> copyright law. There isn't even the ODbL defence (where contracts are
>> necessary for a level playing field internationally) - I don't know of
>> any jurisdiction where tracing non-original features from imagery
>> inherits a copyright.
> If the source data is properly licensed, the derived works are also
> properly licensed. For instance CC-SA will allow derived works to be
> used and shared under 'under the same, similar or a compatible license.'
> Which also means you can use it with OSM and their ODbL
> (http://www.opendatacommons.org/licenses/odbl/). I don't think you can
> license the imagery, without licensing its derivatives in one way or the
> other. The copyleft licenses are very much designed to relicense
> derivatives, where most EULAs forbid derivatives. Both have a say on it.
Tracing data from images is not generally considered to create a derivative
work. I recommend reading up on the discussions on this that already exist --
Richard, you had a good blog post, could you link that? -- before commenting
on it too much.
-- Chris
>> Even if the tracing tries to enforce a share-alike component through
>> contract (e.g. "your derivations must be licensed CC-BY-SA") it will
>> almost certainly end up being incompatible with other share-alike
>> licences, because you're creating data (needs a data licence) from
>> something that'll _probably_ have a creative works licence.
>>
> As said CC-BY-SA enforces the derivatives to use the same, similar or
> compatible license, I don't see a problem with those derivatives being
> compatible with other share-alike licenses.
>
> Steven
>
>
>
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--
Christopher Schmidt
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