[OSM-legal-talk] Legal review by ITO World's lawyer

[Peter Miller]

2009/3/14 Mike Collinson <mike at ayeltd.biz>

>  [Off-list]
>
> Peter,
>
> Thank you very much for making this available. I'll be continuing to digest
> it line by line over the weekend.
>
> Mike
> (License Working Group)
>
Thanks.

I suggest we aim to have a list of questions of clarification on the wiki
page by the end of the weekend that I can go back to her with. We don't have
endless budget for this, but we can do one round of questions and then
possibly get an opinion on the Use Cases.

What is clear to me already is that the viral nature of these licenses means
that it takes time to get one's head around the issues. I was thinking
yesterday about the issue of jurisdictions and came up with this one. Ok, so
we need the DB tied to one jurisdiction so that it is enforceable (according
to our lawyer), so what happens when someone wants to create a derived ODbL
DB by merging two ODbL DBs, one released under America law and one under UK
law, and then that is merged with data from Korea etc etc. I believe that
would be impossible so we are in a bind. I continue to wonder if we are
heading for the same conclusion that CC did - that copy left data is a good
idea in theory but is a big mess in practice.... happy days....


Regards,


Peter



>
>
>
> At 02:44 PM 13/03/2009, Peter Miller wrote:
>
> I have put the legal review we have received for the current license draft
> on the wiki. I have organised it so that we can comment and discuss the
> issues after each of the points on the wiki page if appropriate. I can't say
> that have understood all the points raised yet and their possible
> implications, but I thought it would be good to start getting more brains on
> it straight away.
>
> http://wiki.openstreetmap.org/wiki/ITO_World/ODbL_Licence_0.9_legal_review_for_ITO
>
> Can I suggest that we spend tomorrow and the weekend discussing it and then
> I can seek clarification on any key points on Monday from our lawyer and we
> can then put the key points to the OKM and to our own foundation lawyers.
>
>
>
> Regards,
>
>
>
> Peter
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