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

[Simon Poole]

Am 13.12.2020 um 20:12 schrieb Tom Hummel via legal-talk:
> 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.

This was the subject of the original message in this thread. The 
situation post December 31st 2020 is such that protection for sui 
generis databases will remain for database published before that date in 
the UK till the protection term runs out. In the case of OSM when the 15 
years start is naturally a bit fuzzy, but at least the reworking of the 
database in 2012 for the licence change was clearly a substantial change 
that required a significant investment by the OSMF, so it is reasonable 
to assume that protection will remain at least till September 2026 (IMHO 
there are more than enough arguments for December 2034, but I suspect 
that will be moot by 26).

Simon

>
> 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
>
>
>
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