[odc-discuss] ODbL -> BY-SA -> ?

Jordan S Hatcher jordan at opencontentlawyer.com
Thu Aug 19 10:13:00 UTC 2010

Hi Rob

No worries.  I've been away as well so a bit slow to respond.

4.4b in the ODbL (the Share Alike section) helps address your questions:

"For the avoidance of doubt, Extraction or Re-utilisation of the whole or a Substantial part of the Contents into a new database is a Derivative Database and must comply with Section 4.4."

Systematically extracting data out of Produced Works to recreate the whole database, or a substantial part of it, would trigger the Share Alike obligation.  Small bits wouldn't (as they'd be "insubstantial")

I see the data layer as being potentially different from the rest of what is being licensed CC-BY-SA in a "produced work" (which I explained in my earlier email).

Users of CC-BY-SA licensed material using a "produced work" from an ODbL database would be aware of the ODbL data layer because of the notice provision in 4.3.




On 4 Aug 2010, at 11:59, Rob Myers wrote:

> (Newbie question 2 :-) .)
> Imagine that I have an ODbL/DbCL database (from OpenStreetMap for example ;-) ) and I make a BY-SA produced work, then someone creates a database of information extracted somehow from the produced work.
> ODbL/DbCL database -> BY-SA produced work -> ? database
> I assume that copying the *content* of the database from the produced work does not create a derived database. If the extracted database needs to be licenced BY-SA, there is no clash with the ODbL
> I assume that if someone copies the original DB *structure* to place the magically extracted data into then they have made a derivative database because of that copying. This needs to be licenced ODbL, which may clash if it also needs to be licenced BY-SA. Or would it only be the *contents* that needs to be licenced BY-SA?
> Basically: can a database (re-)created from a BY-SA produced work ever be both a derivative database and a BY-SA derivative? If so, wouldn't this be a licence clash? If not, does this qualify as a "hole" in the ODbL?

> Thanks.
> - Rob.
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Mr. Jordan S Hatcher, JD, LLM

More at: <http://www.jordanhatcher.com>
Co-founder:  <http://www.opendatacommons.org>
Open Knowledge: <http://www.okfn.org/>

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