Re: [OSM-legal-talk] Copy information from official business website (WAS: Proposal for a revision of JA:Available Data)
sent from a phone > On 10. Jul 2019, at 18:35, Kathleen Lu via legal-talk > wrote: > > 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. Along the same reasoning you could say: “I do not think that a state makes a substantial investment in mapping the roads they maintain. Since the state plans, builds and maintains the roads it should be fairly trivial for them to make a map.” Cheers, Martin ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Copy information from official business website (WAS: Proposal for a revision of JA:Available Data)
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 ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Copy information from official business website (WAS: Proposal for a revision of JA:Available Data)
On Fri, 5 Jul 2019 at 21:18, tomoya muramoto wrote: > I ask a simple question. May I copy the information of the TESCO Boston > Superstore to OSM? > https://www.tesco.com/store-locator/uk/?bid=2108 > > This website contains information such as > - addr=* > - phone=* > - opening_hours=* > - branch=* > > The OSM data for this store does not yet contain `phone=*` nor > `opening_hours=*`. Can I copy them to OSM? > https://www.openstreetmap.org/way/61998754 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. So for practical, use in OSM, I'd say it's ok to take information from the public website of an independent store, or a group with up to around half a dozen outlets. But anything larger, and you'd need to get permission from the company first. Robert. -- Robert Whittaker ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
