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

Tom Hummel tom at bluespice.org
Fri Jul 5 21:25:58 UTC 2019


> I am quite ignorant about the EU directive and it is beyond my ability to
> understand what is stated in it.

The problem is, I don’t have the slightest idea how this all plays out
in Japan. The only thing I would imagine is that there are some
similiar protection laws because Japan signed the TRIPS agreement. Art.
10 par. II of TRIPS requires some protection. That is probably as
close as I can get about your situation.

I think there may be some provisions found in ACTA, which Japan seems
to have signed. So for OSM hosters in Japan, there could be
implications. Does anybody know?

Most servers are however located within the EU (for now), so EU law
should remain our focus.

> someone publishing data about their OWN shops (or other types of objects) →
> not passing barrier of protection
> 
> someone publishing data about shops where there was "substantial" effort into making database →
> protected

That would be my line of argument, because compiling information about
_your own shop_ will be trivial most of the time. There are, of course,
other situations. However opening hours is such an ordinary
piece of data, it will seem ridiculous someone claiming any sort
of effort while compiling it for his/her own business. Within the few
cases I have found, the parties claim hundreds of thousands of € in
costs for creating databases.

The distinction is not 100% safe, but in my opinion this
constitutes an acceptable guideline. Any effort of a third party
gathering information about others should for safety be considered
substantial.

At last – what’s the difference in reading a printed sign on the street
and a shops website stating the opening hours for our purpose?

Opinions?

About these TESCO claims… some seem quite outlandish indeed.



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