Will The Open Database License (ODbL) create legal uncertainty?

Answer: The simple answer is: no.

As a User of ODbL licensed material: in order to have total legal certainty all you need to do is comply with the terms of the ODbL (in particular the share-alike requirement).

As a Licensor using the ODbL for your own material: as explained in the previous FAQ it is possible that in some jurisdictions there will be uncertainty as to whether there are sufficient underlying “rights” for the ODbL (or any other license) to have effect. However:

• The ODbL will apply in many jurisdictions (either via “rights” or contract).
• Where there is any uncertainty about the existence of “rights” or a contract no other approach can do any better and at worst this license becomes a very clear statement of your “community norms”.