Talk:Open Database License

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The first version of the legal part that discussed my [jordan hatcher] posting to legal talk misrepresented the arguments. I've tried to clarify the arguments and provide further links.

ODL and other licences for OSM data

In the preamble for the ODL draft:

You should use the Open Data Commons together with another licence for the contents, if the contents have a single set of rights that governs all of them.

Individual facts aren’t copyrightable, but the data gathered is not necessarily just fact. Some of it is judgement, and may be copyrightable. Even points of data gathered by GPS may be copyrightable (I don’t know, but there is precedent in the UK for anything that takes some effort to be classed as such). What license does that come under? --Sward 00:08, 7 October 2008 (UTC)

Factual Information Licence--Sward 09:21, 11 October 2008 (UTC)

Thread on legal-talk--Sward 00:12, 9 October 2008 (UTC)

Use Cases

Should we make it clear under "requirements" that they would also be required to make available any changed osm data, if any works are derivative works, and if they are distributed publicly? --Chippy 10:26, 9 October 2008 (UTC)

The proposed license comes in three parts. One, the Open Database License (ODbL) with the Database Contents License (DbCL) covers the database itself and the contents of the database...

Where is part two and three? logictheo 21:31, 26 August 2010 (BST)

Part two can be found here:Database Contents License (DbCL)

I think Part 3 is the "share alike or you don't get to play" provisions, unless I am mistaken. Also note that you can choose any copyright license for embedded copyrighted works. Presumably these can be stripped and replaced with alternatives; for example Icon designs. --Phillipsjk 06:03, 6 September 2010 (BST)

Is the proposed License self-contradictory?

 4.8 Licensing of others. You may not sublicense the Database. Each time You communicate the Database, the whole or Substantial part of the Contents, or any Derivative Database to anyone else in any way, the Licensor offers to the recipient a license to the Database on the same terms and conditions as this License. You are not responsible for enforcing compliance by third parties with this License, but You may enforce any rights that You have over a Derivative Database. You are solely responsible for any modifications of a Derivative Database made by You or another Person at Your direction. You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License.

What happens it one of the OSM data sources decides to use the ODbL? Will the OpenStreetMap project be able to use that data? I don't think the exceptions enumerated in section 4.5 are enough to allow that.--Phillipsjk 05:49, 6 September 2010 (BST)