[OSM-legal-talk] Which legislation applies: server or data location?

Simon Poole simon at poole.ch
Tue Aug 27 08:24:06 UTC 2013


Ian has already given a good answer. So just a couple of further notes:

- we want our data to be useful and usable in as many countries as
possible, there are some areas where that is very difficult to achieve,
however this is in general not intellectual property law related

- the history of the Internet is littered with failures that started off
by thinking they could get around copyright law by going offshore

- courts all over the world have found that services provided over the
Internet which are in the least targeted towards the local populace fall
under national jurisdiction (for example in the case of OSM anything we
provide would clearly be considered as being provided locally in
Germany, or France, just to give two examples). This also leads to the
situation that a potential issue will probably end up in the courts of a
country that has the most favourable environment for whoever has a bone
to pick with us

- while we are not directly responsible for the well being of third
parties that build services and products based on OSM data, we need to
take in to account that they may be directly affected by problematic data

Simon
 
Am 27.08.2013 04:04, schrieb Fernando Trebien:
> Hello everyone,
>
> Amidst hard questions in the Brazilian community, I've been wondering
> which copyright legislation should apply to OpenStreetMap's data (in
> the case of suspicious data imports): that of where the data is stored
> and provided from (seems to be from the UK right now) or that of where
> the data refers to? Or both? Or some other international law?
>





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