[talk-au] Fwd: [Aust-NZ] Anyone able to get/offer proper legal advice over ODBL?

[John Smith]

---------- Forwarded message ----------
From:  <pcreso at pcreso.com>
Date: 2009/12/8
Subject: Re: [Aust-NZ] Anyone able to get/offer proper legal advice over ODBL?
To: aust-nz at lists.osgeo.org, John Smith <deltafoxtrot256 at gmail.com>


Hi John,

Not legal advice, but some comments/concerns based on what I know of
it that might help. I'm pretty sure my comments are correct :-) but
check with your lawyer, & you might still create your own licence &
get it certified as compatible with ODBL.



The ODBL is a much more complex licence, and contains various optional
components depending on local law. In your case you'd need advice
based on Australian law, but note some aspects will not necessarily be
applicable internationally.

It also allows for local modifications & copies to be cited, so is not
required to be used exactly as it stands, thus you can, to a limited
extent, modify any areas of concern provided the spirit is maintained.

It is a DATABASE licence and explicitly does NOT cover the CONTENT of
the database. CC is basically a content licence. (see para 2 of the
ODBL preamble for an overview). I'm not familiar with how OSM plans to
switch to ODBL, but I'd assume as a composite DB the content will be
covered by the original licences from the data suppliers, & the ODBL
will cover the database.

This said (& somewhat confusingly), the ODBL _does_ provide the pretty
unlimited right to reuse all or some of the content of the database
(clause 3.1).

ODBL also includes a specified attribution clause facilitating data
reuse, CC does not (CC only provides _for_ an attribution clause, it
does not actually provide it).

The ODBL licence expressly forbids mashups with data from incompatible
licences. I can see this being restrictive, and perhaps akin to the
"viral" nature of GPL instead of MIT or BSD. (clause 4.4d - share
alike)

The ODBL does not protect the original from commercial competition
from others making copies of all or some of the database. Likely to be
an issue for commercial data holders (eg: utilities, forestry, mining,
transport, etc).


Cheers,

 Brent Wood




--- On Mon, 12/7/09, John Smith <deltafoxtrot256 at gmail.com> wrote:

> From: John Smith <deltafoxtrot256 at gmail.com>
> Subject: [Aust-NZ] Anyone able to get/offer proper legal advice over ODBL?
> To: aust-nz at lists.osgeo.org
> Date: Monday, December 7, 2009, 10:34 PM
> As I mentioned earlier today OSM is
> planning to switch away from
> CC-BY-SA to ODBL:
>
> http://www.opendatacommons.org/licenses/odbl/
>
> However none of us in Australia involved with OSM have
> legal
> backgrounds we are unsure how this license will effect us,
> or if there
> is no major difference between the two for the most part.
> _______________________________________________
> Aust-NZ mailing list
> Aust-NZ at lists.osgeo.org
> http://lists.osgeo.org/mailman/listinfo/aust-nz
>