That's correct. You can sell a product based on a CC-BY-SA work, but the terms of distribution must remain the same. So as in your example, they could sell the product, but then you can turn around and give it away.
There's also protection in the CC-BY-SA against DRM: http://wiki.creativecommons.org/Frequently_Asked_Questions#What_happens_if_someone_tries_to_restrict_a_CC-licensed_work_with_digital_rights_management_.28DRM.29_tools.3F In this case, I have a few thoughts, and I'm sure the people on legal@ have some more complete views than I do off the cuff... 1. Where is the line for derived work. If I'm a customer of this product, am I seeing aggregate work of OSM and non-OSM POIs? If that's the case, I'd think that'd be explicitly not allowed. 2. The OSM license only dictates the data not the software. So in this case, while we can accept the data and re-distribute it, we cannot effect the service itself. In other words, we can't decide that we want Navigon to work differently than it does, and accept any data file we want. This is where the issues get a bit gray. The license can't dictate the use of the software or the service, except in the case of the DRM, where DRM violates the license. Now for my own opinion This is where the community has an understandable split. Some in the community want the OSM data to be as unrestricted in use as possible. They'd like it to be under "Public Domain" (even though that's impossible), or the closest that they can manage. Others, like myself, don't, and see this as an interesting test case. How will Navigon work with OSM to distribute OSM data in such a way that does not violate either the letter or the spirit of the license? The ODbL would make some of this much easier. If the work were ODbL now, any DRMed distribution of the work would require the company to distribute a non-DRM version. In my view, the correct logcial step is, as done in the GPLv3, require that if they're DRMing the work, that they are required to distribute the keys to the DRM to allow the product owner to be able to insert their own data instead. That's my .02. - Serge _______________________________________________ talk mailing list talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk
