[OSM-legal-talk] CC-BY-3.0 *IT* license

[Martin Koppenhoefer]

sent from a phone

> On 1 Oct 2022, at 11:19, Andrea Musuruane <musuruan at gmail.com> wrote:
> 
> We are not talking about copyright here. Copyright protects creative works (e.g. a song, a photo, a novel, etc). We are talking about sui generis right as drafted by the directive 96/9/EC. This right is applied within the European Economic Area (and the UK but only if the dataset was produced before January 1st, 2021). It is also the same right the ODbL relies on. And this is a bit troublesome for OSM since the OSMF is a registered in England and Wales.


I have already tried to convince you on the Italian ML, but apparently without any success :)

There are references that the production of geodata involves creative work, for example the BGH (Bundesgerichtshof, highest German court aside the constitutional court) sentence from 2005 which ruled in a case about map preproduction data that they see it covered by copyright.

There are also other parts of the CC-BY-3-it that make importing into OpenStreetMap questionable (it is forbidden to add DRM and there is no exception for parallel distribution)

Cheers Martin