A question about open databases license

Michel Roche listes.pichel at free.fr
Wed Dec 3 17:04:30 UTC 2014

I'm currently doing some research about the best way(s) to publish open
data for a local administration. For many of the data they wish/can
publish the license question is quite straightforward, but there's one
database which raises much questions. I try to expose the problem as
simply as possible:

1-the database : shape files with routes and POI about a region.
2-the context : the administration makes some money selling a walking
guide using those informations
3-the aim : opening those data so that eventual reuses will publish
correct information about pathes, dangers, etc.
4-the dilemma : open publishing those information may serve any
competitor editor to build a competiting guide upon those data
5-the question : how licensing could help preventing such an usage while
welcoming more friendly reuses such as : a promotional guide for hiking
in the area that would reuse some of the data for the sake of promotion.

*4b : let's assume that the dilemma is real. I mean : the risk may not
ba as big as their fears, but this is not my point here.

Licences evaluated, and the point where I am :
- Open Licence (https://wiki.data.gouv.fr/images/0/05/Open_Licence.pdf),
or CC-BY : welcomes *every* reuse, so won't solve the dilemma.
- CC-BY-NC : may sound appropriate, but : non free (I'd dislike very
much ending up in recommending a non-free license), would prevent some
legitime reuses (let's imagine that the promotional guide has anything
to do with a commercial use)
- CC-BY-SA : this is the way I'd choose for :
	- it's free
	- the constraint introduced is only reclaiming openness
	- it may solve the dilemma, but can you help me answer following
questions ?

Let's assume the competitor wants to use the shape files under CC-BY-SA
along with a closed base map bought from a vendor to have a nice looking
printed guide.
=> publishing such a reuse of the data seems to lead to a licences
conflict : the closed license would say something like "all rights
reserved, reproduction forbidden", where the CC-BY-SA part would claim
"any reuse of this data will be under this same license"
=> How to solve that ? If it' not solvable, this means that the
commercial reuse cases of the data opened under CC-BY-SA are quite a
complicated way, which I find a reasonable manner to solve the original

Am I on the right way with my assumptions and questions ?

Michel Roche

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