[OSM-legal-talk] Creative-Commons 4.0 (first draft)

[Ed Avis]

Kai Krueger <kakrueger at ...> writes:

>The draft for 4.0 now explicitly licenses database rights and addresses
>licensing of databases. However, it does not extend restrictions through
>contract where copyright and database rights do not restrict usage in the
>first place.

It's an open question whether ODbL does that.  It purports to, but how effective
and enforceable is the contract it claims to enter into?  I had hoped to get some
legal opinions on this subject but the lawyers I employed told me that since the
copyright part of the licence was enforceable (in the USA), they thought the
contract-law enforceability was of academic interest only and they had not
researched further.

>It also does not have the concept of produced works.

It doesn't, no.  I wonder whether a weaker but still compatible licence could be
made by adding additional 'at your option' provisions.

-- 
Ed Avis <eda at waniasset.com>