Matt, Matt Amos wrote: >> And 2. you are wrong because ODBL tries exactly that, to assert rights >> over the collection even in jurisdictions where there are none, by >> invoking the idea of a contract - so where is it written that the >> contract, which may well exist in parallel to sui generis rights in >> Europe, also terminates after 15 years? > > you're wrong - the contract asserts no rights over the collection. > that's why we need a contract, because there are no "sui generis" > rights to take advantage of.
I don't think I understand you, or maybe you don't understand me. I'll try this in individual steps: 1. We want to protect the database as a whole; 2. For countries with database law we can sail under that law; 3. but for countries without we need to use a contractual component; 4. such a contractual component is built into the ODbL; 5. the contractual component doesn't have an explicit time limit; 6. the ODbL doesn't say "the contractual component is only valid for those countries without database law"; 7. which means the contractual component which protects our data from day one in places like the US is also valid in Europe (where it usually takes backstage to the stronger database law component); 8. from this it follows that after 15 years, a planet file in Europe is protected no more or less than a fresh planet file in the US. So *either* it's free-for-all after 15 years in Europe but then it is also free-for-all after 1 day in the US. Clearer now? > yes. over insubstantial amounts of data, there's no copyright claimed. Aren't you now mixing database law and copyright terms. Whether or not something falls under copyright has nothing to with whether it is substantial related to some kind of database, has it? For example if OSM user "n80" artfully crafts a way that doesn't even exist and uploads it to OSM, then that way would perhaps be protected by copyright in some jurisdictions, completely independent of the database and whether or not it is substantial. If I read the contributor agreement correctly, then we require from "n80" that he declares never to exercise his copyright. Whether or not, and for how long, database protection covers his work of art, does not come into the equation - the copyright question is over when the data is uploaded. Correct? Bye Frederik _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
