[OSM-legal-talk] [OSM-talk] Illegal activity

Andy Robinson (blackadder-lists) ajrlists at googlemail.com
Mon Nov 2 12:18:13 GMT 2009

Richard Fairhurst wrote:
>Sent: 02 November 2009 11:52 AM
>To: talk at openstreetmap.org
>Cc: legal-talk at openstreetmap.org
>Subject: Re: [OSM-legal-talk] [OSM-talk] Illegal activity
>Pieren wrote:
>> It's not the question about laws in France, Germany or US vs England.
>> It's the question to know if OSM database can survive if it contains
>> data from illegal sources, independently of the country.
>> Richard is convinced that the content of the photos is not protected
>> and I agree on that point. But he just decides to ignore all the
>> investments spent to rectify and georeference these photos on which
>> his derivative work is based. And this investment and work is
>> protected.
>Heh. I haven't decided to ignore it. I'm just not 100% convinced as yet
>that it alters the clear lead set out by Bauman v Fussell.
>US law is unambiguous: the doctrine of idea-expression merger means that
>rectification doesn't make any difference. UK law is not clear, and you
>have to interpret sweat-of-the-brow in the light of Bauman v Fussell and
>Antiquesportfolio v Fitch. Canada is very interesting: Weetman v Baldwin
>(heard in a fairly junior court) cites "accuracy not previously attained
>by other mapmakers of the region in question... facilitated by a
>particular process pioneered by a mapmaker" which can be interpreted in
>wild and exciting ways.
>I'm not particularly au fait with national copyright law in mainland
>Europe. Doubtless you can answer on France: I can't see anything in
>German law that would give protection. It's been suggested that EU
>database right could also give some protection to rectification. I can't
>yet see it myself (particularly in light of BHB vs William Hill), but
>then, database right is really the modern day equivalent of the
>Schleswig-Holstein Question:
>"Only three people," said Palmerston, "have ever really understood the
>Schleswig-Holstein business: the Prince Consort, who is dead; a German
>professor, who has gone mad; and I, who have forgotten all about it."

Richard, you are clearly in the wrong profession :-)



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