[Aust-NZ] Anyone able to get/offer proper legal advice over ODBL?

[pcreso at pcreso.com]

Hi John,

Not legal advice, but some comments/concerns based on what I know of it that might help. I'm pretty sure my comments are correct :-) but check with your lawyer, & you might still create your own licence & get it certified as compatible with ODBL.



The ODBL is a much more complex licence, and contains various optional components depending on local law. In your case you'd need advice based on Australian law, but note some aspects will not necessarily be applicable internationally.

It also allows for local modifications & copies to be cited, so is not required to be used exactly as it stands, thus you can, to a limited extent, modify any areas of concern provided the spirit is maintained.

It is a DATABASE licence and explicitly does NOT cover the CONTENT of the database. CC is basically a content licence. (see para 2 of the ODBL preamble for an overview). I'm not familiar with how OSM plans to switch to ODBL, but I'd assume as a composite DB the content will be covered by the original licences from the data suppliers, & the ODBL will cover the database. 

This said (& somewhat confusingly), the ODBL _does_ provide the pretty unlimited right to reuse all or some of the content of the database (clause 3.1).

ODBL also includes a specified attribution clause facilitating data reuse, CC does not (CC only provides _for_ an attribution clause, it does not actually provide it). 

The ODBL licence expressly forbids mashups with data from incompatible licences. I can see this being restrictive, and perhaps akin to the "viral" nature of GPL instead of MIT or BSD. (clause 4.4d - share alike)
 
The ODBL does not protect the original from commercial competition from others making copies of all or some of the database. Likely to be an issue for commercial data holders (eg: utilities, forestry, mining, transport, etc).


Cheers,

  Brent Wood




--- On Mon, 12/7/09, John Smith <deltafoxtrot256 at gmail.com> wrote:

> From: John Smith <deltafoxtrot256 at gmail.com>
> Subject: [Aust-NZ] Anyone able to get/offer proper legal advice over ODBL?
> To: aust-nz at lists.osgeo.org
> Date: Monday, December 7, 2009, 10:34 PM
> As I mentioned earlier today OSM is
> planning to switch away from
> CC-BY-SA to ODBL:
> 
> http://www.opendatacommons.org/licenses/odbl/
> 
> However none of us in Australia involved with OSM have
> legal
> backgrounds we are unsure how this license will effect us,
> or if there
> is no major difference between the two for the most part.
> _______________________________________________
> Aust-NZ mailing list
> Aust-NZ at lists.osgeo.org
> http://lists.osgeo.org/mailman/listinfo/aust-nz
>