[OSM-legal-talk] A case for CT + CC-BY-SA

[Ed Avis]

Tobias Knerr <osm at ...> writes:

>* Inadequate protection *
> 
>CC-BY-SA might not "work" for data. OSM data is not currently abused in
>a manner that threatens the project, and that might never even happen.
>Nevertheless, it seems wise to make sure that we can either prevent this
>or at least react when it happens.
> 
>It is true that, by continuing to offer the database under CC-BY-SA, we
>would no longer /preemptively/ address this potential issue.

I have commissioned a law firm in the UK, and one in the US, to investigate the
extent to which this may be the case.  I have asked them to look at whether
the OSM map data falls under copyright, and additionally whether the contract-
law provisions in the ODbL add anything to enforceability.  The objective is
to get analysis which can be shared with the whole community, rather than
privileged legal advice which must remain confidential.  This includes
disclosing how the law firm was chosen and the questions asked.

>Making contributors agree to the CT gives us the ability to react *if* legal
>weaknesses of the CC-BY-SA are actually abused at some future point,
>though, and I believe that this is sufficient.

Personally I agree with this (as with everything else you wrote) but some
prefer a more aggressive approach.

-- 
Ed Avis <eda at waniassset.com>