[OSM-talk-be] How to map streets with limited parking time?

[Sander Deryckere]

I have a feeling I'm repeating myself. We're NOT talking about copyright.
There's no copyright involved in this case. Copyright doesn't matter here.
Copyright isn't the reason why OSM exists.

We're talking about Sui Generis database rights (
http://en.wikipedia.org/wiki/Database_Directive).

The problem with database rights is that there are only very few trials
that used it. So there are not many examples on what a "substantial part"
or even "a database" is.

However, when interpreting the texts, you see that a database is


   - A collection of different records: there are different streets with
   data
   - Possible to see one record at a time: seeing the parking time of a
   single street makes sense when you're looking for a parking place (which is
   the intended purpose of this map)

The Sui Generis right protects

   - qualitative or quantitative data: it's both here. The amount of
   streets is complete, and the information about those streets is complete
   - substantial investment of time in either the obtaining, verification
   or presentation of the contents: Here it's about presentation. The
   information can simply be obtained by reading the decisions from the
   municipal council. However, presenting it in a GIS database, and rendering
   that map takes time. If you say there's no time involved, than that's
   similar to about all tasks done by the municipal employees, and I guess
   that governments just shouldn't have any servants.

Of those databases, it prohibits (except when written permission is given)
the extraction of a substantial part of the database. Where a substantial
part might be evaluated WRT quality or quantity. Here, it's again both,
since the information offered by the council is most likely of high
quality, and it's planned to extract all data, which is of high quantity.

So if a judges gets confronted with this issue, it's likely he will judge
that this is a violation to the database rights,


Next to all my legal concerns, there's also the fact that surveyed data is
just better than imported data. When you surveyed a street, you can compare
the results with the existing council data and find differences. Examining
those differences can make both datasets richer, rather than just importing
mistakes.

As such, I strongly advise against using other maps, and I even more
strongly advise against advertising to use other maps. Evidence of such
advertisement (f.e. in this mailing list) might bring OSM into a legally
grey zone, in which corporations won't want to use the data anymore. It's
not only the legal part that matters. Also the social part.

May I remind you of the legal issues around Android? Microsoft just claimed
they owned patents on some of the used technologies, and as a result,
brands shipping Android phones paid blackmail money to Microsoft. Microsoft
even made more revenue from the Android phones that were sold than from
their own phones. I don't think we want companies that use our data (say
Mapbox, Geofabrik, Mapquest, ...) to pay to some giants (f.e. Google)
because someone on this mailing lists says that data can't be copyrighted,
so you can just copy from images like google maps.


Regards,

Sander

2015-02-01 12:46 GMT+01:00 André Pirard <A.Pirard.Papou at gmail.com>:

>  Once again, facts and information cannot be copyrighted, and especially
> the law.
> The drawing (a piece of art) cannot be reproduced but you are not required
> to phone the Town Administration for a survey and ask them one by one if
> what you see on the map is correct.
> Even the drawings of road signs is not copyrighted, and of course not
> where they are placed, even if you saw it on a photograph (that you cannot
> reproduce).
> Same for the boundaries etc.
>
>   André.
>
>
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