Martin,

Is there a problem with the current license? Is it not clear from a legal
point of view, how it should be interpreted?


Correct--it's currently unclear how the license applies to many important
use cases. Partly this is because it's untested: OSM is the only important
user of ODbL (with allowances for some geo datasets that have been released
under ODbL in the hopes of being imported).

There is much more that could and should be done to clarify use and
establish norms without revisions to the license. This proposal could be a
useful step forward. A couple of us at Mapbox are taking a careful a look
at the specifics, and plan to weigh in with more thoughts.

I must admit I feel some reluctance towards the practise of introducing
more and more examples and guidelines how to interpret the legal text,
because every additional word is augmenting the risk of introducing
loopholes and weakening our position in a potential prosecution of
infringers.


As you note, infringements have never been prosecuted. But right now, every
day, data is being collected in places other than OSM because of
uncertainty regarding the license (cf OpenAddresses, OpenTraffic). I came
to Mapbox to work on open data, having spent six years advocating for it at
a nonprofit called the Sunlight Foundation. It's dismaying to see the
landscape fractured. I would like OSM to become a better legal home (or at
least partner) for all geodata, including new datasets like LIDAR, traffic
and street-level imagery. Those projects are going elsewhere right now.

I understand your desire to preserve a strong position for hypothetical
future infringement claims. But this goal clearly only makes sense insofar
as it serves the larger goal of creating a useful project. The point of
OpenStreetMap is not to win lawsuits, after all.

Tom
_______________________________________________
legal-talk mailing list
legal-talk@openstreetmap.org
https://lists.openstreetmap.org/listinfo/legal-talk

Reply via email to