[odc-discuss] Fwd: ITO World legal review of ODbL license 0.9

[Jordan S Hatcher]

Peter Miller, a OSMer has kindly posted an analysis done by a lawyer  
to the OSM wiki.

<http://wiki.openstreetmap.org/wiki/ITO_World/ODbL_Licence_0.9_legal_review_for_ITO 
 >

I disagree with several of the points of the analysis, but will  
respond more fully point-by-point later. Also, some of the points  
apply to OSM's implementation specifically, which I won't address  
(because I don't represent them in a professional capacity).

See below:

Begin forwarded message:

> From: Peter Miller
> Date: 13 March 2009 15:01:09 GMT
> To: secretary at osmfoundation.org, Jordan S Hatcher <jordan at opencontentlawyer.com 
> >
> Subject: Fwd: ITO World legal review of ODbL license 0.9
>
>
> I am forwarding you a copy of the email I sent to legal-talk with  
> the initial review our lawyer made of the ODbL license.
>
> Her general feeling was that it could be made to work but that there  
> was still quite a lot of work to do. She refrained from proposing  
> actual wording changes at this point, feeling that it was more  
> helpful to comment on more general issues on the first pass. I would  
> expect that on the next revision she would provide more specific  
> advice and would respond to the Use Cases.
>
> To some degree the amount of work that ITO invests in this process  
> will depend on the sort of reception our input gets from ODC and OSMF.
>
> Andy: can you forward this to the appropriate people within the OSMF.
>
>
>
> Thanks,
>
>
>
> Peter
>
>
> Begin forwarded message:
>
>> From: Peter Miller <petermiller63 at googlemail.com>
>> Date: 12 March 2009 23:12:17 GMT
>> To: "Licensing and other legal discussions." <legal-talk at openstreetmap.org 
>> >
>> Subject: ITO World legal review of ODbL license 0.9
>>
>>
>> I have put the legal review we have received for the current  
>> license draft on the wiki. I have organised it so that we can  
>> comment and discuss the issues after each of the points on the wiki  
>> page if appropriate. I can't say that have understood all the  
>> points raised yet and their possible implications, but I thought it  
>> would be good to start getting more brains on it straight away.
>>
>> http://wiki.openstreetmap.org/wiki/ITO_World/ODbL_Licence_0.9_legal_review_for_ITO
>>
>> Can I suggest that we spend tomorrow and the weekend discussing it  
>> and then I can seek clarification on any key points on Monday from  
>> our lawyer and we can then put the key points to the OKM and to our  
>> own foundation lawyers.
>>
>>
>>
>> Regards,
>>
>>
>>
>> Peter
>>
>>
>

____
Mr. Jordan S Hatcher, JD, LLM

jordan [at] opencontentlawyer dot com

More details at:
<http://www.jordanhatcher.com>

Open Data at:
<http://www.opendatacommons.org>