[OSM-legal-talk] decision removing data

[80n]

On Thu, Aug 5, 2010 at 10:00 PM, Francis Davey <fjmd1a at gmail.com> wrote:

> On 5 August 2010 21:25, 80n <80n80n at gmail.com> wrote:
> > The test for copyrightability is some amount of creativity. Case law
> > suggests that this can be very minimal.  Rather than looking for what is
> > factual and thus not copyrightable, let's look for what is.
>
> That's not correct across all systems of intellectual property law,
> the threshold differs depending on jurisdiction and subject matter.
>

Francis
Indeed.  Let's start getting specific.  The threshold in the US is very low
- which incidentally is where this "you can't copyright facts" stuff
originated.

What's the criteria in the EU?  Do you know?

80n



> For example when the threshold for computer programs was harmonised in
> the European Union some (most) jurisdictions had to lower the bar
> whereas we (may) have raised it. The same is probably true of
> copyright in databases.
>
> That's one of the reasons why the turn of debate this thread has taken
> is particularly sterile: different systems approach these questions in
> entirely different ways and from fundamentally different philosophical
> starting points.
>
> --
> Francis Davey
>
> _______________________________________________
> legal-talk mailing list
> legal-talk at openstreetmap.org
> http://lists.openstreetmap.org/listinfo/legal-talk
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/legal-talk/attachments/20100805/c5fc3f7f/attachment.html>