[OSM-legal-talk] ODBL enforcement: contract law and remedies

[Ed Avis]

Matt Amos <zerebubuth at ...> writes:

>>>you'd happily support distributing the data under a license which is
>>>not likely to protect it?

I happily support the status quo, where map data is freely available
under CC share-alike terms, and I see no evidence of evil mapmakers copying
it with impunity.

>>I think he's asking for evidence of "not likely".
>
>that can be found in the "why cc by-sa is unsuitable" document. i went
>into the first point at length, referencing some legal precedents
>(mostly in the US). i've had several people look over and check the
>document, including lawyers, so i'm fairly sure that the reasoning
>isn't wrong.

The legal theory sounds reasonable as far as it goes, but there is little
evidence that there is any problem in practice.

Has any lawyer in fact said to you: as things stand, it is quite possible to
copy OSM data in the United States, redistribute it under any restrictive
licence you want, with nothing that the OSM contributors can do about it;
and I would give this legal advice to my clients.

In my view this is very far from being the case.

-- 
Ed Avis <eda at waniasset.com>