[OSM-talk-be] Copyright violation on massively distributed flyers

[Sander Deryckere]

I doubt that the way they used it can be prohibited by database right.
European database right only protects against the extraction of a
substantial part (where the definition of substantial is pretty vague). But
the amount of data that's needed for that image is pertty small (there's
almost no metadata - like streetnames - f.e.). It's so small that I doubt
it's substantial.

They also don't use the image to represent the geographical data (it's not
a map you can use to navigate or find something), but rather as a graphical
way to represent Brussels (just as the drawing of Manneke Pis represents
Brussels). It would fall under copyright if they used a copyrighted style,
but that's probably not the case here.

It would ofc be nice if they credited OSM (and it would take them out of
the grey legal zone too), so you can send a message asking for credit the
next time. But it's certainly not needed tot ask for a compensation.

Regards,
Sander

2016-08-03 15:30 GMT+02:00 Ruben Maes <ruben at janmaes.com>:

> Hi all
>
> I recently received an 8-page promotional booklet in my (physical)
> mailbox. Inside are promotions at participating shops. (Free tie when
> buying a costume, 10% off when buying more than €100, etc ...)
> https://files.unitedbashers.com/r/worldline/front.png
> https://files.unitedbashers.com/r/worldline/back.png
>
> As you can see there is no attribution for the map (not on the inside
> either). I am convinced it uses OpenStreetMap data:
> https://files.unitedbashers.com/r/worldline/map.png
> There are some differences. I believe this is due to old OSM data being
> used. For example, the southern part of the vertical axis through the Parc
> de Bruxelles/Warandepark was remapped as "dual carriageway" 2 years ago.[1]
>
> The thing that annoys me most is that on the associated website they use
> Google Maps.
>
> The address on the publication is Worldline NV, Haachtsesteenweg 1442,
> 1130 Brussel. Their website offers a contact form:
> http://be.worldline.com/en-us/home/about-us/contact-us/contact-form.html
>
> Maybe we can send a message, but I'm not sure what to ask them. Just to
> think about it next time? Ask for a compensation? I have a feeling that
> they were actually aware of the attribution requirement, but deliberately
> didn't do it because it's difficult for us to act on. If we don't do
> anything, they were right, and there's no point in using the ODbL instead
> of "public domaining" our map.
>
> What are your thoughts?
>
> Regards
> Ruben
>
> [1] https://overpass-api.de/achavi/?changeset=24664291
>
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