Re: [OSM-legal-talk] Copyright status of OSM map data - initial results

2011-09-09 Thread Ed Avis
In the USA the only two lawyers who are doing the work are Cathy Gellis and
Jon Rubens.  Although they often work together, they are at separate firms.
Cathy Gellis was recommended to me by Francis Davey, the barrister investigating
in England.  He in turn was mentioned by LWG members, and has popped up on this
list.

-- 
Ed Avis e...@waniasset.com


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Re: [OSM-legal-talk] Copyright status of OSM map data - initial results

2011-09-09 Thread Ed Avis
Rob Myers rob@... writes:

In the US, the two lawyers found that the OSM map data is
copyrightable.  They mentioned the explicit inclusion of maps in
copyright law 

But geodata is not a map, and the copyright on the database is not the
copyright on its contents.

As I understood it, the precedents they found showed that copyright does cover
the geodata contained in the database, and is not dependent on having a paper
map or the difference between database and contents.  However I didn't have
time to go over these matters in depth.

If the written report doesn't address your concern, would you like to join in
a conference call with the legal team so you can put it to them directly?
I expect I could arrange this.

-- 
Ed Avis e...@waniasset.com


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Re: [OSM-legal-talk] Copyright status of OSM map data - initial results

2011-09-09 Thread Rob Myers
On 09/09/11 22:33, Ed Avis wrote:
 Rob Myers rob@... writes:
 
 In the US, the two lawyers found that the OSM map data is
 copyrightable.  They mentioned the explicit inclusion of maps in
 copyright law 

 But geodata is not a map, and the copyright on the database is not the
 copyright on its contents.
 
 As I understood it, the precedents they found showed that copyright does cover
 the geodata contained in the database, and is not dependent on having a paper
 map or the difference between database and contents.  However I didn't have
 time to go over these matters in depth.
 
 If the written report doesn't address your concern, would you like to join in
 a conference call with the legal team so you can put it to them directly?
 I expect I could arrange this.

Oh cool. No, if the precedents cover it that addresses my comment above.

Thanks.

- Rob.

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Re: [OSM-legal-talk] Copyright status of OSM map data - initial results

2011-09-09 Thread Rob Myers
On 09/09/11 15:57, Ed Avis wrote:
 
 In the US, the two lawyers found that the OSM map data is
 copyrightable.  They mentioned the explicit inclusion of maps in
 copyright law 

But geodata is not a map, and the copyright on the database is not the
copyright on its contents.

 My barrister in the UK fist considered the situation under the
 Copyright Act 1911. 

The 1911 act has long since been repealed in the UK, though.

 - That's the summary, as I best translate it from my notes of the two
 phone calls.

Thank you for going to all the trouble of doing this and sharing the
results publicly.

- Rob.

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