[OSM-legal-talk] Brexit & EU database rights

[Tom Hummel]

Hi all,

Am Sonntag, 13. Dezember 2020, 15:58:48 CET schrieb Simon Poole:
> The relevant bit of the directive is in article 11. As you can see the 
> rights are dependent on being domiciled in the EU, not on the physical 
> location of the "database". I would need to check up on the UK 

Do the legal contributors have formed an opinion towards this, already?

Seeing the Foundation being situated in the UK, and the absence of any agreement acc. to art. 11 III, it looks like the foundation is loosing its entitlement acc. to art. 11 II of the directive.

German courts adhere to the „modified seat of management rule“ since 2002 (BGH NJW 2002, 3539), meaning some capacity to sue and be sued. OTOTH liability for associates is personal and unrestricted.

For Germany, it looks like there is some entitlement on behalf of FOSSGIS. The governing agreement (OpenStreetMap Foundation Local Chapters Agreement) does not grant any derivative rights without additional agreement, § 7.1 Conduct.

Am I missing something?

Tom