[OSM-legal-talk] Ordnance data

[John Wilbanks]

Here's the link referenced:
http://ec.europa.eu/internal_market/copyright/prot-databases/prot-databases_en.htm

While there's been a lot of challenges as to the efficacy of the sui 
generis right, not surprisingly, the industry wants to keep anything it 
can in terms of rights. That's the hard thing - once you start using 
IPR, it can be an addictive habit..

 > How could you extract it, if there is a contract in your way?

OK, let's say I'm evil. I hire someone to sign and violate the contract, 
then repost. I download the copy that person put online. The contract no 
longer attaches.

jtw

Iván Sánchez Ortega wrote:
> El Miércoles, 20 de Febrero de 2008, John Wilbanks escribió:
>> OK, now we are at the heart of it.
> 
> It seems I'll have to fetch my flamethrower ;-)
> 
>> 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 be repealed, and has been rebuked even by the EC itself.
> 
> Pardon me? When has such a thing taken place?
> 
>> And it's uncompiled code - we don't know what "substantial" extraction 
>> means,
> 
> The ODL makes a statement here by using the word "systematic". So, if you had 
> to build a small program to extract the data given a polygon, bounding box, 
> or a certain tag, it's substantial at the eyes of OSM.
> 
>> If the copyright law attaches and the data is PD, I can extract it and
>> your contract doesn't matter.
> 
> How could you extract it, if there is a contract in your way?
> 
> (I mean, extract without breaking the contract)
> 
> (Disclaimer: IANAL, this e-mail is biased)