[OSM-legal-talk] decision removing data

80n 80n80n at gmail.com
Fri Aug 6 19:42:40 BST 2010


On Thu, Aug 5, 2010 at 11:12 PM, Francis Davey <fjmd1a at gmail.com> wrote:

> 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.


Francis, sorry I was referring to the whole OSM license change debate.  I
seem to recall that it orginated some years ago when someone exclaimed "we'd
better change the license because you can't copyright facts in the US".



> 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).
>

I believe it was one of the jurisdictions that was considered, and because
there is no database right in the US the additional contract provisions of
ODbL were added.  But I guess that only Jordan would have the definitive
answer to that question.


>
> >
> > 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."
>
> I was actually asking about the criteria for traditional copyright not
database rights.  However the reference above is interesting in that it
asserts that selection and arrangement is required to earn a database
right.  Is that a correct interpretation of what that says?  Would a dump of
a list of facts with no selection or arrangement (for example a list of
names of all elected Members of Parliament) be protected by database rights?



> Exactly what this means in practice is certainly a present hot topic.
>
> --
> Francis Davey
>
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