[Talk-GB] OSM leaving the UK?
Michael Collinson
mike at ayeltd.biz
Fri Jul 2 14:05:14 UTC 2021
The legal advice given to us when I was License Working Group chair was
that you cannae protect yourself to the max everywhere with a
one-size-fits-all license, so don't. Protect yourself in the key
commercial markets of large corporations. So that is what we did - we
paid attention to the US and EU. In that respect, it makes sense to
shift domicile to the EU as the UK is now a small market in relative terms.
Mike
On 2021-07-02 11:29, Edward Bainton wrote:
> > Database right ... the EU and the UK ... 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.
>
> So, as someone working on this over on Talk-OSMF, have I misunderstood
> that there would be greater protection for the database if it moved to
> the EU?
>
> On Thu, 1 Jul 2021 at 14:54, Simon Poole <simon at poole.ch
> <mailto:simon at poole.ch>> wrote:
>
>
> 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>
> >>>
> <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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> <https://lists.openstreetmap.org/listinfo/talk-gb>
> >
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