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

[Andrea Musuruane]

Hi Martin,

On Sat, Oct 1, 2022 at 12:02 PM Martin Koppenhoefer <dieterdreist at gmail.com>
wrote:

>
>
> 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 :)
>

If I wrote to talk-legal it is because I want to hear others' opinions too.

By the way, I think we already addressed your concerns in talk-it. For the
sake of the others I'll make a summary below.


> 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.
>

A German court rule is irrelevant for the Italian law. The term of the
sentence was not fully understood by us (because it was provided only a
partial automatic translation which is not sufficient to understand it).

Anyway, to better understand database rights, Maurizio Napolitano pointed
you to a study by lawyers Simone Aliprandi e Carlo Piana, who are among top
experts in this field in Italy:
https://freegis.net/docs/-/document_library_display/Up14/view/14646.html


> 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)
>

As I already told you, this is covered by paragraph 3.c of the License.

BR,

Andrea
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