[OSM-legal-talk] Guideline review: Substantial

Michal Palenik michal.palenik at freemap.sk
Sat May 10 09:56:11 UTC 2014


On Wed, Apr 30, 2014 at 10:09:08AM -0700, Luis Villa wrote:
> On Tue, Apr 29, 2014 at 9:39 PM, Paul Norman <penorman at mac.com> wrote:
> > > > represents a quantitatively substantial part of the general contents of
> > > > the protected database. A quantitatively negligible part of the
> > contents
> > > > of a database may in fact represent, in terms of obtaining,
> > verification
> > > > or presentation, significant human, technical or financial investment.
> > > (Para 71)
> > >
> > > In other words, a small chunk of a large database can be qualitatively
> > > substantial if the cost of "obtaining, verification, or presentation" of
> > > that small chunk was substantial. The court goes on to say that it
> > > doesn't matter if the small chunk is, by itself, valuable - what matter
> > > is the work done to put it into the database. What qualifies as a
> > > substantive "investment" is left as an exercise for the lower courts.
> > > (One German case I've found seemed to presume that 39,000 Euro was a
> > > substantive investment, but that was not the primary point being argued
> > > in that case so I wouldn't rely on the number being that low.)
> >
> > Putting BHB into an OSM context, what seems to matter is mapping effort.
> > That makes sense - 100 detailed POIs are worth more than 100 points with
> > only building=yes. Of course mapping effort is harder to measure...
> >
> 
> Hard to measure, but at least likely the right framework.

i would define insubstantial as
less than 1 day of work (8 hours) of a medium experienced mapper

(or 10 hours or 24 hours)

this could be easily acomanied by rules fitting standard case like
we consider one day work to be
- 50 poi on area smaller than X
- 400 adress points on area smaller than X
- outines of 200 features where good imaginery is present (only
  outlines, no other tags)
- ...
or number divided by 3 if area is larrger than X

there would be some technical discussion on all the rules, but the
underlying standard should be stable.


michal

-- 
michal palenik
www.freemap.sk
www.oma.sk



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