My understanding of the ODbL is that it covers an overall database,
but not individual contents within it. So in order to use an ODbL
database you also need a license (or other permission) to use the
contents. Conversely, when offering a database to others under the
ODbL, if you actually want them to be able to use it, you also need to
provide a suitable licence for the contents. See the ODC FAQ at
http://opendatacommons.org/faq/licenses/#db-versus-contents

In particular, the licensing instructions at
http://opendatacommons.org/licenses/odbl/ suggest you need to include
both the ODbL for the database, and a licence for the contents. The
suggested form is:

"This {DATA(BASE)-NAME} is made available under the Open Database
License: http://opendatacommons.org/licenses/odbl/1.0/. Any rights in
individual contents of the database are licensed under the Database
Contents License: http://opendatacommons.org/licenses/dbcl/1.0/ "

However, on the OSM license page at
http://www.openstreetmap.org/copyright only the Open Database Licence
is mentioned. There is no mention of any licence for the contents.
Should we be specifying a content license for the OSM data on that
page? If so, should this be the Database Contents License (DbCL)?

(The DbCL is mentioned in the contributor terms, and there is a
reference at 
http://wiki.osmfoundation.org/wiki/License/About_The_License_Change#The_documents
, but neither explicitly says that the OSM contents are indeed
licensed under this licence. I also guess you could take the view that
there are no rights in the OSM contents since each is individually an
un-copyrightable fact. But to be on the safe side, to create an level
playing field in all jurisdictions, and to re-assure potential users,
I'd have thought it would be better to provide an explicit license for
the contents anyway.)

Any thoughts?

Robert.

-- 
Robert Whittaker

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