[Osmf-talk] OSMF 2020 Board election - Official candidate questions now available
Simon Poole
simon at poole.ch
Wed Nov 18 16:47:46 UTC 2020
The way it is formulated isn't quite correct*, but the underlying issue
does exist.
Am 18.11.2020 um 17:25 schrieb Michael Collinson:
> ...
> I have one due diligence issue. Can anyone confirm the legal situation
> in this question? Just checking:
> https://wiki.openstreetmap.org/wiki/Talk:Foundation/AGM20/Election_to_Board#Should_we_do_anything_about_EU_database_rights.3F
>
> ...
* existing databases that were originally published in the EU remain
protected until the protection runs out, that is after 15 years.
-inside- the EU that period restarts when, article 10:
/"//3. Any substantial change, evaluated qualitatively or
quantitatively, to the contents of a database, including any substantial
change resulting from the accumulation of successive additions,
deletions or alterations, which would result in the database being
considered to be a substantial new investment, evaluated qualitatively
or quantitatively, shall qualify the database resulting from that
investment for its own term of protection."/
Such an extension event would require us to be publishing in the EU, but
extrapolating from that, that current new additions to the database are
unprotected is likely wrong (there is no relevant case law afaik).
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/osmf-talk/attachments/20201118/842cc642/attachment.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: OpenPGP_0x4721711092E282EA.asc
Type: application/pgp-keys
Size: 4922 bytes
Desc: not available
URL: <http://lists.openstreetmap.org/pipermail/osmf-talk/attachments/20201118/842cc642/attachment.key>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: OpenPGP_signature
Type: application/pgp-signature
Size: 495 bytes
Desc: OpenPGP digital signature
URL: <http://lists.openstreetmap.org/pipermail/osmf-talk/attachments/20201118/842cc642/attachment.sig>
More information about the osmf-talk
mailing list