[OSM-legal-talk] ODbL comments from Creative Commons

[Frederik Ramm]

Hi,

Simon Ward wrote:
> They fail to note that if there are no rights in some jurisdiction, then
> the database is free anyway, and so are derivatives.  

As you know I'm pro-PD anyway but one thing that specifically strikes a 
chord for me in the CC reasoning is the idea of having the maximum 
possible certainty regarding rights and obligations for everyone involved.

It is obvious that we don't have a lot of such certainty right now with 
CC-BY-SA. I had initially (and naively) hoped that whatever the new 
license, it would at least bring such certainty but no - again we have 
the questions about what exactly constitutes a derivative vs. a 
collected database, what is substantial, and what is a database anyway 
and so on. And the answers to these questions are very likely to be 
different depending on where you are - whereas I, again naively, had 
hoped that we would reach a certain "fairness" where someone's handling 
of OSM would no different whether he was in the US or in Europe or on an 
island in the South China sea.

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"