For a single store I believe the answer is yes, since you're > extracting un-copyrightable facts. But if there are a significant > number of stores (as in this case), then the information becomes part > of a database, which is by default protected by database rights (at > least in the EU). You then can't use a significant amount of the > information without an appropriate licence. Moreover, you can't safely > take details from a single store from a chain's website, as there's a > danger that lots of other mappers might do that independently for > different stores, resulting in an infringement for OSM as a whole. > > Mateusz posted this to the other thread (Proposal for a revision of JA:Available Data) which seemed to have ended up on the same topic.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31996L0009#d1e757-20-1 says of the database right "Member States shall provide for a right for the maker of a database which shows that there has been qualitatively and/or quantitatively a substantial investment in either the obtaining, verification or presentation of the contents to prevent extraction and/or re-utilization of the whole or of a substantial part, evaluated qualitatively and/or quantitatively, of the contents of that database." I do not think that a retail store chain could successfully argue that it makes a "substantial investment" in maintaining a list of its own stores' hours. Since the store sets the hours, the effort of obtaining, verification, and/or presentation should be fairly trivial. (I would also question the sanity of any store chain making such a claim, since the whole point of making a list of store hours is available online is to inform shoppers, and that information being in OSM would only help inform more shoppers.) -Kathleen
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