Re: [OSM-legal-talk] New license status
On Tue, Sep 29, 2009 at 2:04 PM, James Livingston doc...@mac.com wrote: On 28/09/2009, at 11:16 PM, Gustav Foseid wrote: Well... There is no copyright that expires after 15 years. Sui generis database rights expire after 15 years, but copyright is hardly very relevant for an OpenStreetMap database dump. In Europe maybe - however there are countries where database do have inherent copyright separate from the copyright over their contents, for example in Australia. I think the copyright wouldn't expire for 70 years here, which is definitely more than the 15 for European sui generis database rights. I see the qualification that substantial is in terms of quality, quantity or a combination of both - but out of interest, is it supposed to mean basically what it means in terms of the underlying copyright/database rights? yes. but since there hasn't been any case law on what substantial means (at least in europe, yet), we were advised to create guidelines on what we, as a community, consider substantial. apparently this would likely be taken into account, in the absence of case law, if anything goes in front of a judge. cheers, matt ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] New license status
On Tue, Sep 29, 2009 at 4:09 PM, Frederik Ramm frede...@remote.org wrote: Hi, James Livingston wrote: On 28/09/2009, at 11:16 PM, Gustav Foseid wrote: Well... There is no copyright that expires after 15 years. Sui generis database rights expire after 15 years, but copyright is hardly very relevant for an OpenStreetMap database dump. In Europe maybe - however there are countries where database do have inherent copyright separate from the copyright over their contents, for example in Australia. I think the copyright wouldn't expire for 70 years here, which is definitely more than the 15 for European sui generis database rights. I think we should try very hard to make conditions the same for all OSM users on the planet, as far as possible. If what you say is true then we should make sure (via the content license) that the content is not protected longer in Australia than anywhere else. interesting. we should make sure that ODC are aware of this for the next version of ODbL. (note that the contents license != database license, though. individual contents and substantial extracts of the database are licensed separately). Personally, as I am opposed to us trying to dictate to our users what they may and may not do with our data, I would appreciate to see OSM data go out of copyright as quickly as possible. (I once tried to talk our share-alike hardliners into accepting one year, on the grounds of one-year-old OSM data being practically useless... but they wouldn't have it.) hi, i'm matt and i'm a PD heretic ;-) cheers, matt ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
[OSM-legal-talk] Protection time of ODbL
Hi, How long time ODbL will protect the data? The EU database directive Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases gives 15 years protection Article 10 Term of protection 1. The right provided for in Article 7 shall run from the date of completion of the making of the database. It shall expire fifteen years from the first of January of the year following the date of completion. 2. In the case of a database which is made available to the public in whatever manner before expiry of the period provided for in paragraph 1, the term of protection by that right shall expire fifteen years from the first of January of the year following the date when the database was first made available to the public. 3. Any substantial change, evaluated qualitatively or quantitatively, to the contents of a database, including any substantial change resulting from the accumulation of successive additions, deletions or alterations, which would result in the database being considered to be a substantial new investment, evaluated qualitatively or quantitatively, shall qualify the database resulting from that investment for its own term of protection. Is ODbL going to follow the same rule? -Jukka Rahkonen- ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Protection time of ODbL
El Martes, 29 de Septiembre de 2009, Jukka Rahkonen escribió: How long time ODbL will protect the data? The EU database directive Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases gives 15 years protection The thing to understand here is that copyleft licenses are an exercise of your rights. The CC licenses are built on top of your copyrights, and the GPL is built on top of your rights over software. So far so good. Thing is, all copyleft licenses won't interfere with existing rights. For example, in my jurisdiction, you can *quote* *any* copyrighted text in order to make a reference, or you can make a parody of *any* work. If you apply a CC-by-nd-nc to the work, it doesn't matter at all, because you can not assert any rights over people making quotes or parodies. The same goes with the ODbL. Once you make a planet dump and let 15 years pass, you can not assert any rights over the dump... so you can not assert the ODbL. Simple as that. Just remember: copyleft works because we have rights over stuff, but use those rights to let people use the works, not to prevent people from using them. (YMMV, IANAL, you know the drill) Cheers, -- -- Iván Sánchez Ortega i...@sanchezortega.es http://ivan.sanchezortega.es Proudly running Debian Linux with 2.6.30-1-amd64 kernel, KDE 3.5.10, and PHP 5.2.10-2.2 generating this signature. Uptime: 22:41:48 up 17 days, 12:13, 2 users, load average: 1.28, 1.04, 0.80 ___ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
