[OSM-legal-talk] Copy information from official business website (WAS: Proposal for a revision of JA:Available Data)
dieterdreist at gmail.com
Thu Jul 11 20:48:45 UTC 2019
sent from a phone
> On 11. Jul 2019, at 20:23, Kathleen Lu <kathleen.lu at mapbox.com> wrote:
> "Substantial investment" may not be a black and white standard, but it is a meaningful one. I hypothesize that Tesco would have difficulty proving "a substantial investment in either the obtaining, verification or presentation of the contents." (Note that investment in creating/setting the hours does not count.)
It may have come along as sarcasm the way I have written it, but the idea is actually appealing: significant investment wrt the database could eventually be dismissed for those databases, which are more or less the result of some related operation/work, a byproduct, rather than being set up to gather and analyze data without being required in the operation. The investment would be the operation, while the db as a byproduct would be almost “free”. The OpenStreetMap database would still be protected under perspective, but a lot of databases would not be protected automatically any more.
The maps the GIS department releases are definitely requiring a significant investment, but the lists of streets a municipality releases would probably not be covered by the sui generis rule because there is not much specific investment behind such a compilation, it is a byproduct of their operation as a public administration. Or the post code lists of the postal service: the effort is not specifically put into the db, they only have to print what they already know from planning and organizing the postal service.
Is there already case law with examples where a claimed significant investment has been rejected? I would suspect that almost any database could be seen as having required a lot of investment for the creation and updates, or not, according to how you put it.
From a practical point of view I agree I would not be worried about copying opening hours (or addresses, or phone numbers) from a retail company’s website, e.g. Tesco. It’s more likely they would pay you for this than sue you.
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