I don't think it makes much sense to speculate on what MBs counsel told them and what not, since in the end the answer will have depended very much on the question asked.
From a LWG pov I believe the process we are trying to go through is: looking at some real life use cases, determine how to model best the workings of the ODbL in these and whatthe consequences and effects on third party data are. Staying within the spirit of the licence and hearing arguments from the stakeholders in doing so. That is very different from asking us, or a lawyer: "this is the desired outcome, please figure out a way to make some arguments that support it". The former, if you so will, is similar to proceedings of a court, and the result is case law, the later is more a lawyer arguing the case in front of the bench. Simon
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