On Sun, Feb 1, 2015 at 1:18 PM, Sander Deryckere <sander...@gmail.com> wrote: > > I have a feeling I'm repeating myself. We're NOT talking about copyright. > There's no copyright involved in this case. Copyright doesn't matter here. > Copyright isn't the reason why OSM exists. > > We're talking about Sui Generis database rights > (http://en.wikipedia.org/wiki/Database_Directive). > > The problem with database rights is that there are only very few trials that > used it. So there are not many examples on what a "substantial part" or even > "a database" is. > > > > However, when interpreting the texts, you see that a database is > > A collection of different records: there are different streets with data > Possible to see one record at a time: seeing the parking time of a single > street makes sense when you're looking for a parking place (which is the > intended purpose of this map) > > The Sui Generis right protects > > qualitative or quantitative data: it's both here. The amount of streets is > complete, and the information about those streets is complete > substantial investment of time in either the obtaining, verification or > presentation of the contents: Here it's about presentation. The information > can simply be obtained by reading the decisions from the municipal council. > However, presenting it in a GIS database, and rendering that map takes time. > If you say there's no time involved, than that's similar to about all tasks > done by the municipal employees, and I guess that governments just shouldn't > have any servants. > > Of those databases, it prohibits (except when written permission is given) > the extraction of a substantial part of the database. Where a substantial > part might be evaluated WRT quality or quantity. Here, it's again both, since > the information offered by the council is most likely of high quality, and > it's planned to extract all data, which is of high quantity. > > So if a judges gets confronted with this issue, it's likely he will judge > that this is a violation to the database rights, > > > Next to all my legal concerns, there's also the fact that surveyed data is > just better than imported data. When you surveyed a street, you can compare > the results with the existing council data and find differences. Examining > those differences can make both datasets richer, rather than just importing > mistakes. > > As such, I strongly advise against using other maps, and I even more strongly > advise against advertising to use other maps. Evidence of such advertisement > (f.e. in this mailing list) might bring OSM into a legally grey zone, in > which corporations won't want to use the data anymore. It's not only the > legal part that matters. Also the social part. > > May I remind you of the legal issues around Android? Microsoft just claimed > they owned patents on some of the used technologies, and as a result, brands > shipping Android phones paid blackmail money to Microsoft. Microsoft even > made more revenue from the Android phones that were sold than from their own > phones. I don't think we want companies that use our data (say Mapbox, > Geofabrik, Mapquest, ...) to pay to some giants (f.e. Google) because someone > on this mailing lists says that data can't be copyrighted, so you can just > copy from images like google maps. > > > Regards, > > Sander > > > 2015-02-01 12:46 GMT+01:00 André Pirard <a.pirard.pa...@gmail.com>: >> >> Once again, facts and information cannot be copyrighted, and especially the >> law. >> The drawing (a piece of art) cannot be reproduced but you are not required >> to phone the Town Administration for a survey and ask them one by one if >> what you see on the map is correct. >> Even the drawings of road signs is not copyrighted, and of course not where >> they are placed, even if you saw it on a photograph (that you cannot >> reproduce). >> Same for the boundaries etc. >> >> André. >> >> >> >> _______________________________________________ >> Talk-be mailing list >> Talk-be@openstreetmap.org >> https://lists.openstreetmap.org/listinfo/talk-be >> > > > _______________________________________________ > Talk-be mailing list > Talk-be@openstreetmap.org > https://lists.openstreetmap.org/listinfo/talk-be >
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