[OSM-legal-talk] Any expert CC-BY -> ODbL negotiators?

Steve Bennett stevagewp at gmail.com
Sun Aug 30 15:14:09 UTC 2015

Hi all,
  I've been trying to convince the state government of Victoria (southeast
Australia) to allow their VicMap raw data to be imported into OSM. It's
currently CC-BY, and they've told me they're happy in principle for it to
be used this way, but they're uncomfortable making the recommended
statement "DELWP has no objections to geodata derived in part from Vicmap,
either traced from Vicmap map products, or directly from spatial extracts,
being incorporated into the OpenStreetMap project geodata database and
released under a free and open license".

Specifically, they don't think ODbL is as "free and open" as CC-BY, and
they don't particularly want to make a one-off statement for OSM.

>The only other requirement is not to apply legal terms or technological
measures that legally restrict others from doing anything the license
permits. If the ODbL is more restrictive than our CC by Attribution this
presents a problem for OSM, not for us. My initial response is that we
wouldn't want OSM to apply a more restrictive license than ours, and in
respect of the statement Steve wants us to provide, DELWP doesn't want to
get into creating one-off variations for every potential user with a
preference - Google, HERE, etc.

>We believe the CC by Attribution appropriate to sufficiently and equitably
provide our data to all/anyone, and if Steve is concerned he should take it
up with OSM. I'll refer it to Legal (not ours, DataVic's) if he wants to
pursue it further.

It's all getting quite subtle and possibly out of my depth. I'm not sure if
the concern is a misunderstanding about the implications of dual licensing,
a philosophical objection to "free" licences that impose share-alike
restrictions like ODbL, or something different.

I wonder if there are any expert licence negotiators here who might be able
to get involved in the discussion.

Thanks very much,
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