Are Share-Alike Provisions Such as Those in the ODbL Enforceable In All Jurisdictions?
Summary: the ODbL and its Share-Alike provisions will apply in a good number of jurisdictions (either via “rights” or contract). Where there is any uncertainty about the existence of “rights” or a contract no other licenses can do any better and at worst the license becomes a very clear statement of your “community norms”. Details: This is a license for data and databases, as such you the licensor must be aware that any conditions you impose, such as Share Alike, depend on: • EITHER: You having IP rights over the material (whether in copyright, or database right) • OR: This license being considered a contract between you (the licensor) and the user of the database. The rights around data and databases haven’t been harmonized internationally to the same extent as copyright. As a result, the on-the-ground protection of databases by law can vary significantly country-by-country. In some jurisdictions, e.g. the EU, the relevant “DB” rights certainly do exist, while in others, e.g. the USA,
