[Osmf-talk] OSMF 2020 Board election - Official candidate questions now available

Simon Poole simon at poole.ch
Wed Nov 18 16:47:33 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 where 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).

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