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

Kathleen Lu kathleen.lu at mapbox.com
Wed Jul 10 16:35:04 UTC 2019


For a single store I believe the answer is yes, since you're
> extracting un-copyrightable facts. But if there are a significant
> number of stores (as in this case), then the information becomes part
> of a database, which is by default protected by database rights (at
> least in the EU). You then can't use a significant amount of the
> information without an appropriate licence. Moreover, you can't safely
> take details from a single store from a chain's website, as there's a
> danger that lots of other mappers might do that independently for
> different stores, resulting in an infringement for OSM as a whole.
>
>
Mateusz posted this to the other thread (Proposal for a revision of
JA:Available Data) which seemed to have ended up on the same topic.

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:31996L0009#d1e757-20-1
says of the database right

"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."

I do not think that a retail store chain could successfully argue that it
makes a "substantial investment" in maintaining a list of its own stores'
hours. Since the store sets the hours, the effort of obtaining,
verification, and/or presentation should be fairly trivial. (I would also
question the sanity of any store chain making such a claim, since the whole
point of making a list of store hours is available online is to inform
shoppers, and that information being in OSM would only help inform more
shoppers.)

-Kathleen
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