David Groom wrote: > My current concerns are very specific, and hopefully may simply be down to > my misreading of the licence, but: > > Section 2.2(a) states "The copyright licensed includes any individual > elements of the Database, but does not cover the copyright over the Data > independent of this Database." The copyrighting of the data is covered by > Section 2.2(b) and here states "Database Rights only extend to the > Extraction and Re-utilisation of the whole or a Substantial part of the > Data". > > I have real problems with the use of the word "Substantial ". From my > interoperation it would appear that extraction and subsequent use of any > amount of data which is deemed to be "insubstantial" is effectively free of > any copyright or database rights.
I suspect the reason for the use of that phrase springs directly from the EU concept of database right, which is limited in that it only applies to a "substantial" extract of a database. So database right doesn't apply to extracts which are not substantial and can't be used to protect them. Substantial in that sense is not limited to a pure percentage type of consideration though - taking 2.25% that happened to be an entire country, or all the motorways in the world, might be substantial while take 2.25% of nodes at random might not. Tom -- Tom Hughes (t...@compton.nu) http://www.compton.nu/ _______________________________________________ legal-talk mailing list legal-t...@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
