[OSM-legal-talk] ECJ confirmed 96/9/EG for printed maps

Tobias Wendorff tobias.wendorff at tu-dortmund.de
Sun Mar 13 10:39:45 UTC 2016


Hi there,

I don't know, if this thematic has already been discussed on this list,
but  European Court of Justice (ECJ) has confirmed the classification
as a database for (printed) topographic maps (see EuZW 2015, 955).
Yet the commentaries can't foresee the consequences, but publishers
are happy to see a stronger proction of their maps and data.

So here's the new problem: Printed maps are equal to databases in terms
of 96/9/EG. And that's exactly the same directive, ODbL is about.

What were ODbL's definition of data classifications up to now?
1. a derived database, like osm2pgsql database imports,
2. a collective database, with different licences seperated in tables,
3. a produced work, like a printed map / a printed T-Shirt / a tattoo.

According to the latest decision of ECJ, a printed map actually is a
database in term of the database directory and of the ODbL.

There needs to be a revision of the ODbL to cleary state, what's a
printed map. From the legal site, it's not a "produced work" by the
old meaning anymore.

Best regards,
Tobias




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