On 4 January 2011 16:22, Richard Fairhurst <[email protected]> wrote: > John Smith wrote: >> That might work for ODBL which has attribution requirements, although >> if produced works are exempt from attribution requirements > > They're not. ODbL 4.3 requires attribution on produced works.
ODbL 4.3 requires that the source database be attributed, not any data sources that went into making that database. It also provides no explicit requirement for any downstream users to attribute the source of the produced work, the source database, or the sources that went into making that database in any derivative works they may create. The OS OpenData license includes specific attribution wording that, under ODbL, there would be no obligation to provide that specific wording with a produced work, or any derivative works arising from it. However, it may be argued that the indirect attribution on a produced work, via the OSM link back to the OSM list of sources page would be sufficient for OS OpenData. But that still doesn't get round the problem of no attribution requirement on derivatives of produced works. I guess the only way round this would be to argue that the "uses, views, accesses, interacts with, or is otherwise exposed to the Produced Work" part of ODbL 4.3 also extends to all derivatives of produced works. But I think that's quite a stretch. The license specifically states the "Produced Work" and not "Produced Work and any derivative works". http://wiki.openstreetmap.org/wiki/Open_Data_License/Use_Cases#Use_of_maps_in_Wikipedia_and_Wikitravel would seem to contradict your later assertion that produced works can only be licensed under an attribution license. (Note that the clause 4.6 mentioned there has since been removed from ODbL.) >> and the CT allows for license changes to non-attribution licenses > > It doesn't. CT 4 promises attribution and, as part of the Terms themselves > rather than the licence, cannot be overruled by a future licence change. That requirement is only for OSMF to provide attribution when they distribute the OSM data. It does not force OSMF to require other downstream data users to provide similar attribution when they distribute derivative works / databases. So this clause would not stop OSMF releasing the data as PD as long as OSMF still maintains an appropriate attribution page themselves. -- Robert Whittaker _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk
