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

[Matt Amos]

On Wed, Oct 28, 2009 at 3:24 PM, Ed Avis <eda at waniasset.com> wrote:
> Matt Amos <zerebubuth at ...> writes:
>
>>>>let's say, for a moment, that CC BY-SA definitely doesn't work and
>>>>isn't an option. what would you do? if you'd move to a new license,
>>>>which license?
>
>>>I would prefer one which is CC-compatible,
>
>>which bits need to be CC-compatible? any "produced work", i.e: tiles,
>>can be released under CC BY-SA with the ODbL, allowing maps to be
>>included in any CC-licensed work or site. does the database itself
>>need to be CC-compatible?
>
> In my ideal ponies world the database itself would be CC-compatible, so
> people could generate excerpts ('list of all pubs in Swindon') and include
> that in CC works.

would the list of all pubs in Swindon be a database, or a produced
work? if it's included, formatted as a table perhaps, in a web page it
might be more appropriate to consider it a produced work. although, if
alphabetically ordered, it might meet the definition of a database...

for reference, the definition of a database in ODbL is:

"A collection of material (the Contents) arranged in a systematic or
methodical way and individually accessible by electronic or other
means offered under the terms of this License."

> That is good.  To return to ponies for a moment, my licence would also
> be quite clear that 'You do not have to accept this licence, since you
> have not signed it.'  So if there is no underlying legal reason why you
> can't distribute the data, you are not required to accept any contract.

that would basically mean the license would be equivalent to PD/CC0 in
the US (where there are no database rights or copyrights on factual
data), wouldn't it? which would mean the share-alike parts only apply
in the EU?

cheers,

matt