[odc-discuss] ODbL /BY-SA

Jordan S Hatcher jordan at opencontentlawyer.com
Wed Jul 28 07:37:42 UTC 2010

On 27 Jul 2010, at 18:12, Rufus Pollock wrote:

>> If so, how does clause 4.6 of the ODbL ("If You Publicly Use a Derivative
>> Database or a Produced Work from a Derivative Database, You must also...")
>> not clash with BY-SA 3.0 Generic 8e ("This License constitutes the entire
>> agreement...") for downstream users of the Produced Work?
>> If not why not? :-)
> I have to say I think Jordan has given a rather confusing explanation
> here ;) I think things are even simpler (Jordan: please correct if i
> am wrong ...):

It may have been confusing :-)

I do think that the Affero comparison you make is exactly on point for how the ODbL operates (you can't distribute "Produced Works" without also distributing the ODbL database).  

8e in the CC licenses (This License constitutes the entire agreement...) however is all about the parol evidence rule and has nothing to do with the Affero-like nature of the ODbL. It only means "the entire agreement" between the Licensor (which is the content creator placing his or her work under CC-BY-SA) and the licensee (which is anyone willing to agree to the terms of the CC-BY-SA license).  The ODbL Licensor isn't a party to this agreement.



Mr. Jordan S Hatcher, JD, LLM

More at: <http://www.jordanhatcher.com>
Co-founder:  <http://www.opendatacommons.org>
Open Knowledge: <http://www.okfn.org/>

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