2011/6/17 andrzej zaborowski <[email protected]>: > > 2. What happens if a person in country A with database rights > publishes a tileset and licenses it under CC-By-SA to a person in > country B without database rights? The second person is then as far > as I can see not bound by database rights or a contract. Is that > incorrect? >
Strictly: what matters is where B carries out acts that might be those exclusive to the database right owner. It doesn't matter where B lives or where B receives a licence, but where B extracts or re-utilizes the tileset. If B does those in a country without the sui generis database right, then B obviously does not have to worry about infringement. The tileset is still subject to A's database rights in those countries that recognise it and thus would need A's permission (which CC-BY-SA does not, I think, give). CC-BY-SA is not intended to be a contract, so there's no contractual relationship between A and B, though its easy enough for one to be implied in some jurisdictions. -- Francis Davey _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk
