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

Michael Collinson mike at ayeltd.biz
Thu Nov 19 05:34:53 UTC 2020

Thanks Simon. I've changed the preamble and added "clearly" to the 
question. Better now? May be needs tweaking further - It is important 
that board members and potential board members get the right data on 
which to form opinions!

"The OSMF is incorporated in the UK. The UK completely leaves the 
European Union on 31 December 2020 and so EU database rights held by UK 
entities are impacted. Do you think that changes that keep our license 
clearly enforceable in the EU (e.g. moving the OSMF) are important? 
Would you give them high priority for your involvement in the OSMF board? "


On 2020-11-18 17:47, Simon Poole wrote:
> 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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