Re: [OSM-legal-talk] Database and its contents

2010-11-26 Thread Matthias Julius
adca03156...@localhost fca549be3ecf9d4cb8cb8576837ea4890a7...@zeus.cetest.local Message-ID: 90c6e47a092dece1a7770a5cb6164...@localhost X-Sender: li...@julius-net.net User-Agent: RoundCube Webmail/0.3.1 On Thu, 25 Nov 2010 17:39:46 +0100, ce-test, qualified testing bv - Gert Gremmen

Re: [OSM-legal-talk] Database and its contents

2010-11-26 Thread Anthony
On Fri, Nov 26, 2010 at 4:08 AM, Matthias Julius li...@julius-net.net wrote: No, a license cannot protect any work or restrict what one can do with the work.  It can only give permissions.  Of course, these permissions might have some conditions (like BY-SA).  The protection comes from the law

Re: [OSM-legal-talk] Database and its contents

2010-11-26 Thread Anthony
On Tue, Nov 23, 2010 at 6:15 AM, Ed Avis e...@waniasset.com wrote: Rob Myers r...@... writes: What seems to throw people when we are talking about geodata in a database rather than a collection of poems/photos/songs is the granularity of the contents. But it doesn't really matter whether we

Re: [OSM-legal-talk] Database and its contents

2010-11-25 Thread John Smith
On 25 November 2010 17:39, ce-test, qualified testing bv - Gert Gremmen g.grem...@cetest.nl wrote: The position is a fact, name is a fact, cuisine they serve is a fact, along with the other details. Facts cannot be copyright. Creative Commons licences are not designed for factual

Re: [OSM-legal-talk] Database and its contents

2010-11-25 Thread Rob Myers
On 11/25/2010 07:50 AM, ce-test, qualified testing bv - Gert Gremmen wrote: 3) I don’t care if anybody copies our data for any reason, Do you care if they prevent other people from doing the same? because any other company will do the same, Well, yes, that's what the licences allow them

Re: [OSM-legal-talk] Database and its contents

2010-11-25 Thread ce-test, qualified testing bv - Gert Gremmen
-talk-boun...@openstreetmap.org] Namens Rob Myers Verzonden: Thursday, November 25, 2010 10:36 AM Aan: legal-talk@openstreetmap.org Onderwerp: Re: [OSM-legal-talk] Database and its contents On 11/25/2010 07:50 AM, ce-test, qualified testing bv - Gert Gremmen wrote: 3) I don't care if anybody copies

Re: [OSM-legal-talk] Database and its contents

2010-11-25 Thread Matthias Julius
On Thu, 25 Nov 2010 13:56:54 +, Rob Myers r...@robmyers.org wrote: On 11/25/2010 01:33 PM, ce-test, qualified testing bv - Gert Gremmen wrote: That is turning reality upside down. The only reason for any license is to restrict any user of data/map/dbase or whatever the license is

Re: [OSM-legal-talk] Database and its contents

2010-11-25 Thread ce-test, qualified testing bv - Gert Gremmen
Matthias Julius Verzonden: Thursday, November 25, 2010 4:47 PM Aan: Licensing and other legal discussions. Onderwerp: Re: [OSM-legal-talk] Database and its contents On Thu, 25 Nov 2010 13:56:54 +, Rob Myers r...@robmyers.org wrote: On 11/25/2010 01:33 PM, ce-test, qualified testing bv - Gert

Re: [OSM-legal-talk] Database and its contents

2010-11-24 Thread Ed Avis
Francis Davey fjm...@... writes: Database copyright arises when the database is the author's own intellectual creation. That means that some design or creativity has to have gone into the database - it can't simply be an assemblage of facts. Database right arises when there is a

Re: [OSM-legal-talk] Database and its contents

2010-11-24 Thread ce-test, qualified testing bv - Gert Gremmen
The position is a fact, name is a fact, cuisine they serve is a fact, along with the other details. Facts cannot be copyright. Creative Commons licences are not designed for factual information. [GG] I agree with that, and no facts can be protected by any law. Creativity is used in the

Re: [OSM-legal-talk] Database and its contents (was: Best license for future tiles?)

2010-11-23 Thread Ed Avis
Grant Slater openstreet...@... writes: The relationship between ODbL and DbCL is not very clear and I'm not convinced that lawyers really understand the distinction between a database and it's content. Database definition as per the ODbL (definition modelled on EU Database Directive 96/9/EC):

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread 80n
On Tue, Nov 23, 2010 at 11:15 AM, Ed Avis e...@waniasset.com wrote: Rob Myers r...@... writes: I work with databases every day and I don't understand how the 'database' versus 'contents' distinction is meant to apply to maps and to OSM in particular. Imagine a database of names, song

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Emilie Laffray
On 23 November 2010 11:33, 80n 80n...@gmail.com wrote: Indeed, using something that is so novel and untested as ODbL to license OSM's work is foolish. Especially given that copyright as applied to maps is well established and have been in use for a couple of hundred years. Dear Etienne,

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Ed Avis
Emilie Laffray emilie.laff...@... writes: Amusingly enough, I don't know of any map providers using copyrights to protect their data. All map providers use copyright to protect their data. Look at any map online or offline and you will see a copyright notice, for example Map data (c) 2010

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Grant Slater
On 23 November 2010 13:04, Ed Avis e...@waniasset.com wrote: As always, the standard reality check applies: if you believe that maps or the data they represent are not covered by copyright, please start large-scale photocopying of some commercial maps, or copying the information from them

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Grant Slater
On 23 November 2010 13:23, Grant Slater openstreet...@firefishy.com wrote: On 23 November 2010 13:04, Ed Avis e...@waniasset.com wrote: As always, the standard reality check applies: if you believe that maps or the data they represent are not covered by copyright, please start large-scale

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Emilie Laffray
On 23 November 2010 13:04, Ed Avis e...@waniasset.com wrote: As always, the standard reality check applies: if you believe that maps or the data they represent are not covered by copyright, please start large-scale photocopying of some commercial maps, or copying the information from them

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Francis Davey
On 23 November 2010 12:46, Emilie Laffray emilie.laff...@gmail.com wrote: [snip] If I remember correctly, UK have recently excluded databases from copyright protection since 1997 due to the introduction of the European database law ( http://en.wikibooks.org/wiki/UK_Database_Law for more

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Grant Slater
On 23 November 2010 14:14, 80n 80n...@gmail.com wrote: Here is some data: node id=915100779 lat=51.5798222 lon=-0.3341762 version=2 changeset=6058195 user=Walter Schlögl uid=78656 visible=true timestamp=2010-10-16T14:40:13Z tag k=name v=McDonald's/ tag k=amenity v=fast_food/ tag

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Ed Avis
Francis Davey fjm...@... writes: If I remember correctly, UK have recently excluded databases from copyright protection since 1997 Not quite. A database may attract either database right, copyright or both. The change to database copyright (as opposed to database right) is that copyright in a

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Ed Avis
Grant Slater openstreet...@... writes: A database may attract either database right, copyright or both. The change to database copyright (as opposed to database right) is that copyright in a database has a harmonised subsistence threshold across Europe (own intellectual creation). Does this

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Grant Slater
On 23 November 2010 14:57, Ed Avis e...@waniasset.com wrote: No copyright and database-right are not universal the world over, Yes - it's my understanding that the sui generis database right exists only in Europe - is that so? What difference does it make? It does not effect ODbL and that is

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Francis Davey
On 23 November 2010 15:22, Grant Slater openstreet...@firefishy.com wrote: On 23 November 2010 14:57, Ed Avis e...@waniasset.com wrote: No copyright and database-right are not universal the world over, Yes - it's my understanding that the sui generis database right exists only in Europe -

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Ed Avis
Francis Davey fjm...@... writes: To answer some of the questions raised by my comment (and not just this one). The sui generis database right exists only in the EU and the EEA. All countries with the sui generis database right have harmonised the threshold for database copyright as I have

Re: [OSM-legal-talk] Database and its contents

2010-11-23 Thread Francis Davey
On 23 November 2010 19:50, 80n 80n...@gmail.com wrote: To be precise a database right is earned when there is a substantial investment in obtaining, verifying or presenting the contents of the Yes. I was deliberately avoiding side-tracking the discussion onto the nature of the investment - I'm