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

Mateusz Konieczny matkoniecz at tutanota.com
Fri Jul 5 09:55:18 UTC 2019

5 Jul 2019, 11:39 by yumean1119 at gmail.com:

> because it would be unfair if websites of small business are allowed and those of large comanies are not. 

I am guessing that it is also OK for large companies - but this is based on common sense
that often fails for copyright.

Though I would not care that for once something is unfair against large companies 
(to limit to OSM examples - name-suggestion-index[1] is useful and helps during mapping
but is biased against small companies and helps only in mapping chain POIs)

[1] https://github.com/osmlab/name-suggestion-index/ <https://github.com/osmlab/name-suggestion-index/>

warning: I am digging into it as I am curious what is the answer, please remember
that I am not a lawyer and may be hilariously mistaken

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31996L0009&from=EN <https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31996L0009&from=EN>

"Whereas the term ‘database’ should be understood to include literary, artistic, musical or
other collections of works or collections of other material such as texts, sound, images,
numbers, facts, and data; whereas it should cover collections of independent works, data
or other materials which are systematically or methodically arranged and can be individually
accessed; whereas this means that a recording or an audiovisual, cinematographic, literary
or musical work as such does not fall within the scope of this Directive;"

"Whereas the protection provided for in this Directive relates to databases in which works,
data or other materials have been arranged systematically or methodically; whereas it is not
necessary for those materials to have been physically stored in an organized manner,"

I really would like to say that "here is list of opening hours for our 1250 shops" is clearly
not a database but it seems to qualify (warning: I am not a lawyer).

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31996L0009#d1e757-20-1 <https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31996L0009#d1e757-20-1>

"Member States shall provide for a right for the maker of a database which shows that there 
has been qualitatively and/or quantitatively a substantial investment in either the obtaining, 
verification or presentation of the contents to prevent extraction and/or re-utilization of the 
whole or of a substantial part, evaluated qualitatively and/or quantitatively, of the contents 
of that database."

Maybe it can be argued that company has no substantial investment here?
In neither obtaining nor verification nor presentation?

Presentation is simple one - there is clearly no substantial investment here.
Not sure about what is understood as "substantial" for obtaining or verification.

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