[Talk-GB] OSM leaving the UK?

[Simon Poole]

Am 01.07.2021 um 14:27 schrieb Tony Shield:
> OSM leaving UK domicile for an EU domicile (any of 27 jurisdictions) 
> and ignoring any non-EU domicile appears to be reactionary with no 
> firm understanding of the global nature of OSM and its database and 
> associated IP. No good reason has been stated. UK exiting the EU is a 
> reason for thought and reflection - not knee-jerk reactions.

Moving out of the UK has been on the tables as an option since at least 
2012 (the main reason why I have always opposed making it even more 
difficult by having an asset lock in the articles), there are many 
reasons (which you would know about if you had actually read the mail 
from Guillaume), Brexit related changes are just some of them. And given 
that the issue has been discussed with and in the board in depth over 
the last 5 years  it is anything but a knee-jerk reaction.

Simon


>
> Departing for a new domicile needs to have have lots of benefits and 
> and no significant loss of benefit. These benefits need to be defined 
> and assessed correctly using an agreed process - not just personal 
> opinion.
>
> Changing domicile should be considered to all countries  - not just EU 
> as that is presumptive that only the EU is of value in the world. To 
> make that presumption will alienate OSM members and make domicile 
> changes an opportunity for undue influence.
>
> As Mark points out database rights are not standardised throughout the 
> world and a very detailed impact analysis is required as the very 
> minimum.
>
> Staying put has to be the default  position in the absence of clearly 
> positive benefits of change.
>
> Regards
>
> Tony Shield - TonyS999
>
> On 01/07/2021 09:23, Mark Goodge wrote:
>>
>>
>> On 01/07/2021 02:13, Jbrsk B wrote:
>>> The email thread on OSMF-Talk on which that article is based can be
>>> read in the archive, starting here: 
>>> https://lists.openstreetmap.org/pipermail/osmf-talk/2021-June/007860.html
>>> <https://lists.openstreetmap.org/pipermail/osmf-talk/2021-June/007860.html> 
>>>
>>>
>>>  And if like me you don't know what "sui generis" means for the
>>> database legislation, my interpretation from a quick search is
>>> "special."
>>
>> "Sui generis" is a Latin phrase meaning "in a class of its own". In 
>> the legal context, it usually means something that is treated as a 
>> standalone entity rather than being part of a wider category along 
>> with other, similar things. It's a common concept in planning law in 
>> the UK, whereby developments that don't fit into the standard A1, B2, 
>> etc classes are described as sui generis.
>>
>> As far as intellectual property is concerned, database rights are 
>> consider sui generis because they do not fall into any of the general 
>> classes of IP, such as copyright, trade marks, patents and design right.
>>
>> Unlike the main forms of IP, which are globally applicable and, as a 
>> result of various treaties, broadly interoperable, sui generis rights 
>> tend to be very much jurisdiction specific and, even where they exist 
>> in multiple jurisdictions, are not necessarily interoperable between 
>> them - something protected under a sui generis right in one place may 
>> not be protected under the equivalent legislation elsewhere.
>>
>> Database right is one such. It's not particularly widely protected at 
>> all, but the EU and the UK are two of the jurisdictions that do 
>> recognise it. However, neither jurisdiction recognises foreign 
>> database right, meaning that EU databases are not protected in the UK 
>> and UK databases are not protected in the EU.
>>
>> Mark
>>
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