[OSM-legal-talk] decision removing data

[Francis Davey]

On 5 August 2010 22:26, 80n <80n80n at gmail.com> wrote:
>
> 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.

I may have missed that part of the discussion. If you mean that the US
is where the question first arose, then the US is certainly not the
only place where this argument has arisen - it was a hot topic in
English copyright law in the 19th (and to some extent in the 18th)
century. But if you mean that it was the jurisdiction people had in
mind when drafting the OdbL then that may well be right (I have no
idea bout the history).

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

"own intellectual creation"

Article 3(1) of 96/9/EC:

"1. In accordance with this Directive, databases which, by reason of
the selection or arrangement of their contents, constitute the
author's own intellectual creation shall be protected as such by
copyright. No other criteria shall be applied to determine their
eligibility for that protection."

Exactly what this means in practice is certainly a present hot topic.

-- 
Francis Davey