Re: [OSM-legal-talk] Brexit & EU database rights

[Tom Hughes via legal-talk]

The primary database and one of the mirrors are already
in the EU and have been for several years.

There are currently two other mirrors both of which
are in the UK.

Tom

On 13/12/2020 09:21, Edward Bainton wrote:
Thank you for the link, now read. All you say on substantial changes 
makes sense.


So if we move the database into the EU, are we confident it would be all 
be protected under those terms? Does the hiatus from 1 Jan 2021 cause 
any difficulties? I'm reading the bit that says protection runs from the 
date of completion of the database - which is either already done, or 
never to be achieved. Either way I'm struggling to be sure that a 
database imported into the EU (perhaps considered complete on the day of 
import?) would have the protection.


Or do we need two databases - the UK-based one that is protected under 
the legacy agreement (until the UK Parliament decides otherwise, I 
suppose), and the new EU one, and the servers work off them in tandem?


On Thu, 10 Dec 2020 at 23:18, Simon Poole > wrote:


To answer the questions caveat there is no relevant court decisions
that I know of, so this is all likely untested: insubstantial
changes to a database do not create a new one, but substantial
changes do. Where the line is drawn, or better where the OSMF draws
the line, is currently open. See article 10
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31996L0009


Simon

Am 10.12.2020 um 22:11 schrieb Edward Bainton:

A pleasure meeting you all at LWG this evening.

I saw Brexit in the minutes for September
"At the end of year we won't be losing database rights immediately."

General guidance I've seen appears to say:
- database rights accrued before 2021-01-01 persist (as I've seen
discussed in minutes)
- database rights accrued from 2021-01-01 will exist only in the
UK (if at all: I can't see any enabling legislation after a quick
look, and this may have gone into the Govt's "later" tray - so
copyright may be the only protection).

The last point suggests to me that any edits made after 2020-01-01
will have less protection than so far has been the case.

Is that your understanding? Or is the database as a whole
protected because the architecture has been built, and subsequent
edits are protected modifications of an already-protected creation?

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Tom Hughes (t...@compton.nu)
http://compton.nu/

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Re: [OSM-legal-talk] Changeset Comments Copyright

[Tom Hughes via legal-talk]

On 24/09/2020 10:18, Martin Koppenhoefer wrote:

it contains changesets, notes, etc. but not diary posts or changeset 
comments (correct me if I’m wrong).


You're wrong:

https://planet.openstreetmap.org/planet/discussions-latest.osm.bz2

Tom

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Tom Hughes (t...@compton.nu)
http://compton.nu/

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