[OSM-legal-talk] Using OSM data without modifying - are there any guidelines?

[Simon Poole]

Am 26.06.2015 um 16:55 schrieb Tom Lee:

> ........... As I noted elsewhere[2], EU and US law don't seem to
> make database IDs eligible for copyright (or associated license
> requirements), at least when their reproduction is associated with the
> lawful use of the relevant database. So I think you'd be find in this
> scenario.
.....

I believe your conclusions are mistaken: the ODbL does not rely on
copyright law outside of and database rights in the EU. It does need to
address the fact that such regulation exists and tries to do that in a
way that the same terms apply globally. Outside of that it is
essentially a contract between the licensor and the licensee.

In that context naturally

http://curia.europa.eu/juris/document/document.jsf?docid=161388&doclang=EN

http://ipkitten.blogspot.ch/2015/01/breaking-cjeu-says-that-owner-of-online.html

is relevant. Which nicely illustrates that should the OSM database not
be found to be worthy of sui generis database protection (a distinct
possibility), the ODbL would clearly be enforceable based on contract law.

Simon

-------------- next part --------------
A non-text attachment was scrubbed...
Name: signature.asc
Type: application/pgp-signature
Size: 488 bytes
Desc: OpenPGP digital signature
URL: <http://lists.openstreetmap.org/pipermail/legal-talk/attachments/20150626/32778867/attachment.sig>