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

2020-12-13 Thread Simon Poole
My understanding is that 58.2 covers the rights of UK based entities, with other words it extends the directives article 11 to cover UK residents and entities. Am 14. Dezember 2020 00:11:25 MEZ schrieb Tom Hummel via legal-talk : >Simon, > >sorry for reopening. > >> This was the subject of the

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

2020-12-13 Thread Tom Hummel via legal-talk
Simon, sorry for reopening. > This was the subject of the original message in this thread. The > situation post December 31st 2020 is such that protection for sui > generis databases will remain for database published before that date in > the UK till the protection term runs out. In the case

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

2020-12-13 Thread Simon Poole
Am 13.12.2020 um 22:43 schrieb Edward Bainton: Ok, so let me rephrase about 'moving the database'. I mean moving the domicile of OSMF, as legal owner of the database. This is being discussed. (See LWG minutes for September) Does anyone have a clear idea what that would do for the protection

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

2020-12-13 Thread Edward Bainton
Ok, so let me rephrase about 'moving the database'. I mean moving the domicile of OSMF, as legal owner of the database. This is being discussed. (See LWG minutes for September) Does anyone have a clear idea what that would do for the protection of the database as it currently stands? Would it be

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

2020-12-13 Thread Simon Poole
Am 13.12.2020 um 20:12 schrieb Tom Hummel via legal-talk: Hi all, Am Sonntag, 13. Dezember 2020, 15:58:48 CET schrieb Simon Poole: The relevant bit of the directive is in article 11. As you can see the rights are dependent on being domiciled in the EU, not on the physical location of the

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

2020-12-13 Thread Tom Hummel via legal-talk
Hi all, Am Sonntag, 13. Dezember 2020, 15:58:48 CET schrieb Simon Poole: > The relevant bit of the directive is in article 11. As you can see the > rights are dependent on being domiciled in the EU, not on the physical > location of the "database". I would need to check up on the UK Do the

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

2020-12-13 Thread Simon Poole
The relevant bit of the directive is in article 11. As you can see the rights are dependent on being domiciled in the EU, not on the physical location of the "database". I would need to check up on the UK equivalent, but it likely requires the same. Outside of the UK and EU (possibly including

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

2020-12-13 Thread 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

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

2020-12-13 Thread Edward Bainton
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