[OSM-legal-talk] Proposal for a revision of JA:Available Data

[Mateusz Konieczny]

5 Jul 2019, 05:22 by yumean1119 at gmail.com:

> The main point at issue is whether we are allowed to use official websites that provide primary information or not.
> Some of us think that we can use data from official websites unless it is prohibited by their term of service.
>
I am not a lawyer, please correct me if I am wrong:
- facts are not copyrightable and from copyright view it does not matter whatever
one copied information from opening hours sign or from website
- collections of facts may have copyright or copyright like restrictions, copying
phone book or all branches of $CORPORATION may be not OK
- copying collections of facts is not OK also when distributed among many people
(that is why Wikidata is problematic - copying database one fact at time is not removing
sui generis database rights)

> is also against using official websites. His opinion is that we would able to map POIs without surveying on the ground at all
> if it was OK to use data from websites. 
> (example: > https://lists.openstreetmap.org/pipermail/talk-ja/2019-June/010604.html <https://lists.openstreetmap.org/pipermail/talk-ja/2019-June/010604.html>>  )
>
1) Some survey is necessary to check whatever data is trustworthy and up to date
2) Even if true it would not influence copyright status of such data
3) Imports (mapping POIs without surveying) is acceptable in case of good data on a suitable
license and following import guidelines and there are cases of succesfull and useful imports
doing this.

> What do you think about the issue?
>
I am sure that mapping opening hours, name etc from signs is OK.
I am sure that mapping opening hours, name etc from website of individual business is OK.
I am sure that "we would able to map POIs without surveying on the ground at all" does not
matter as far as copyright status of such data is concerned.

I am not sure is it OK to systematically copy such data from website that is basically a database.
I am not sure is it OK to systematically copy such data from website that is basically a database,
with individuals copying one fact at time.

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