[OSM-legal-talk] Copy information from official business website (WAS: Proposal for a revision of JA:Available Data)

Mateusz Konieczny matkoniecz at tutanota.com
Fri Jul 5 20:41:29 UTC 2019

5 Jul 2019, 22:16 by muramototomoya at gmail.com:

> Thanks everyone.
> I ask a simple question. May I copy the information of the TESCO Boston Superstore to OSM?
> https://www.tesco.com/store-locator/uk/?bid=2108 <https://www.tesco.com/store-locator/uk/?bid=2108>
> This website contains information such as
> - addr=*
> - phone=*
> - opening_hours=*
> - branch=*
> The OSM data for this store does not yet contain `phone=*` nor `opening_hours=*`. Can I copy them to OSM?
> https://www.openstreetmap.org/way/61998754 <https://www.openstreetmap.org/way/61998754>
I am pretty sure that it is OK (but again I am not a lawyer, not 100% sure etc)

> Note: TESCO claims that the information on the website is protected.
> https://www.tesco.com/help/terms-and-conditions/#Intellectual <https://www.tesco.com/help/terms-and-conditions/#Intellectual>
And here I am quite certain that this is attempt of Tesco to maliciously mislead users.

Many of this claims are misleading and/or absurd.
The most absurd is
"print one copy of such content for your own personal, non-commercial use"

Printing ten or ten million copies of such content for personal use is perfectly fine
in a typical civilized country. In fact, by
posting this quote to mailing list I am violating other ridiculous restriction
("but not any server or other storage device connected to a network").

At most Tesco may ban my account on their online shop (not sure whatever even that 
would be legal in EU). Plenty of things that are described there as restricted are in fact 
completely OK and not violating copyright.

For example of other misleading part
"The content of the Site is protected by copyright, trade marks, database 
and other intellectual property rights."
the same can be said about any other website and many other things, including posts on 
this mailing list. But they write in way that suggests that this laws means that they are allowedto make restriction listed there.

Note that typically there are some laws allowing limited use of copyrighted materials,
with severe differences depending on location

- https://en.wikipedia.org/wiki/Fair_dealing <https://en.wikipedia.org/wiki/Fair_dealing>
- https://en.wikipedia.org/wiki/Fair_use <https://en.wikipedia.org/wiki/Fair_use>
- in Japan such rule is supposedly called something like "private use exceptions",
supposed to be described at
https://ja.wikipedia.org/wiki/%E3%83%95%E3%82%A7%E3%82%A2%E3%83%A6%E3%83%BC%E3%82%B9#.E6.97.A5.E6.9C.AC <https://ja.wikipedia.org/wiki/%E3%83%95%E3%82%A7%E3%82%A2%E3%83%A6%E3%83%BC%E3%82%B9#.E6.97.A5.E6.9C.AC>

But generally you may use materials for wider than Tesco presents here.

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