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

[Ed Avis]

Tom Hughes <tom at ...> writes:

>>But strong claims require strong evidence.  To claim that CC-BY-SA is
>>'dreadful' requires, IMHO, evidence of real rather than theoretical cases
>>where it's holding back the goal of free map data.  You might tell me that
>>the fence around my field is completely ineffective and I should upgrade to
>>an electric fence, but I might ask on what particular occasion my livestock
>>have managed to escape.  If they haven't ever done so, perhaps the fence is
>>working after all.
>
>How do you we propose we get this real evidence? Go our and beg somebody 
>to steal our data so we can sue them and see if CC works?

If nobody has stolen the data, then CC does 'work'.  As you say, the aim is not
to entrap people into violating the licence so the project can then sue them,
but rather to deter them enough that they won't take the chance.  It seems to
be accomplishing that aim.

So while accepting that CC has its flaws, I cannot agree that it is 'dreadful',
'useless' or 'completely ineffective'.

-- 
Ed Avis <eda at waniasset.com>