Re: [OSM-legal-talk] [OSGeo-Discuss] Promoting freely available geodata

2007-03-31 Thread SteveC

SteveC wrote:

The very quick story is that they don't believe copyright can be applied
to any geospatial data.  Thus creative commons licenses don't work, since


The thing with that argument is that there are lots of people with data 
and money who probably hold the opposite view, eg Ordnance Survey.


This was data only right, not cartographic interpretations eg maps?


they depend on copyright.  So people providing data have two options -
public domain or make a contract that completely restricts it.


To add to that, if anyone really believed that then we'd all be copying 
out the vector data and street names from tons of maps... so something's 
not right?


have fun,

SteveC [EMAIL PROTECTED] http://www.asklater.com/steve/
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Re: [OSM-legal-talk] [OSGeo-Discuss] Promoting freely available geodata

2007-03-31 Thread Richard Fairhurst

SteveC wrote:


Chris Holmes wrote:
Do you have a link to the Database Directive stuff on osm-talk?  I  
checked
out the list but there's a lot there and wasn't sure which posts  
to read.


http://en.wikipedia.org/wiki/Database_directive

mostly it just follows from that page... maybe richard could help  
more?


Sure. The database right has only been discussed sporadically on  
legal-talk so it's probably better to go to the sources. Definitely,  
definitely read

http://edina.ac.uk/projects/grade/gradeDigitalRightsIssues.pdf

because it's a very cogent and readable discussion of copyright and  
database right as they apply to geodata. It's almost exactly the  
question we're asking, the only unknown being that for a  
collaborative project like OSM, we also have to consider who owns the  
database right - OSM Foundation (maybe as maker of the database) or  
the individual users (traditionally believed to be the copyright  
holders in OSM circles).


If you want to know more about EU database right then the definitive  
case is William Hill vs British Horseracing Board. Google will turn  
up zillions on this, but make sure any commentary you read was  
written after the European Courts of Justice ruling (it had been to  
lots of prior appeals).


Don't forget differences between jurisdictions:

- US - geodata can't be copyrighted, no database right exists
- EU - geodata can't be copyrighted (according to paper cited above)  
but is subject to database right


Insert maybe and probably in the above sentences until you're  
happy with them :)


cheers
Richard
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