[OSM-legal-talk] Ordnance data

John Wilbanks wilbanks at creativecommons.org
Wed Feb 20 03:30:28 GMT 2008


OK, now we are at the heart of it.

If the database law attaches, you're using a bad law - one that may well 
be repealed, and has been rebuked even by the EC itself. And it's 
uncompiled code - we don't know what "substantial" extraction means, or 
what I could do if I downloaded and extracted in a non-governed domain.

If the copyright law attaches and the data is PD, I can extract it and 
your contract doesn't matter.

You pays your money and you takes your choice.

jtw

Iván Sánchez Ortega wrote:
> El Miércoles, 20 de Febrero de 2008, John Wilbanks escribió:
>> *Maps* may indeed be copyrighted.
> 
> Agreed.
> 
>> The data that underlies those maps is probably in the public domain...
> 
> Agreed, and that's what the Open Data Factual Info License addresses.
> 
> *But* when you put together a large enough quantity of PD data, you get either 
> DB protection or copyright protection (depending on your jurisdiction). 
> That's what the ODL addresses, and that's how we can keep the share-alike 
> component.
> 
> (Disclaimer: IANAL, this e-mail may be biased)
> 




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