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

Simon Poole simon at poole.ch
Thu Nov 19 07:50:31 UTC 2020


Am 19.11.2020 um 06:34 schrieb Michael Collinson:
> 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!

OK with me.

Simon

>
> "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? "
>
> Mike
>
>
> 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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>
>
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