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

[Ed Avis]

I haven't wanted to make too much noise before I get the results back,
though I have discussed this with the LWG.  In the UK I have asked
Francis Davey to do the work - he has often contributed to this list.
He recommended a US attorney, Cathy Gellis.  She in turn asked to
bring in Jon Rubens, and they are working together.  I am glad I was
able to follow a chain of recommendations in this way rather than
having to pick a law firm myself.

Briefly the two questions I've asked about are the extent to which OSM
map data is covered by copyright (and therefore, to which the
share-alike provisions of CC-BY-SA are enforceable); and whether the
additional contract-law provisions of the ODbL help enforceability.
Francis Davey is also going to report on European database right law.

I have made it quite clear that I am not involved in any legal action,
nor likely to be, and so I'm not concerned about the usual issues of
confidentiality and privilege.  Nonetheless the US law firms are a
little jumpy about producing something which will be posted publicly.
I will probably need to summarize or report their findings in my own
words, although I hope to share the full report with individuals who'd
like to see it.

Clearly, I have my own views on OSM licensing, but I have tried to put
the legal questions in neutral terms.  Sometimes I wasn't sure how
specific to make them: am I asking about copyrightability of geodata
in general, or OSM in particular?  The US attorneys raised several
interesting questions, such as what happens when contributors are from
different countries, but I have tried to narrow the scope by asking
them to assume all parties are in the USA.  Similarly, questions about
what exactly is a 'produced work' under the ODbL, or what exactly the
DbCL covers, are not something I have asked about.

I am paying for this work myself.  I will of course report the outcome
whether or not it supports my personal viewpoint.  I expect a few weeks
more of waiting.

--
Ed Avis <eda at waniasset.com>