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

[Rob Myers]

On 08/19/2010 11:13 AM, Jordan S Hatcher wrote:
>
> 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")

That makes sense, but to rephrase the (imagined) problem in terms of 
4.4b ( :-) ):

If a systematic extraction of a substantial amount of data from a 
Produced Work creates a Database *to which copyright applies*, both the 
ODbL and BY-SA share-alikes would apply. Which they can't do as they are 
mutually exclusive, being share-alikes.

> 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.

Is it the case that the BY-SA would apply to the *contents* of the 
Database and the ODbL to the Database? Or is there a conceivable problem 
but this scenario is vanishingly unlikely in real life? Or have I 
misunderstood something?

Thanks.

- Rob.