[OSM-talk] (licence of wikidata) was: Can wikidata links help fight name inflation?

Tom Lee tlee at mapbox.com
Tue Jun 9 14:21:09 UTC 2015


> As for OSM ID number, this falls under the so-called "Fairhurst Doctrine"
> and would not be considered "Substantial" under ODbL if and only if the
> community agrees and the OSMF endorses.

At the risk of splitting hairs, I don't think the community/OSMF's
sense of the "substantial" threshold is relevant in this case, as OSM
IDs don't appear to be eligible for U.S. copyright protection or
96/9/EC database rights. In particular, from the latter:

> 6.5 - The performance by the lawful user of a database or of a copy thereof of any of the acts listed in Article 5 which is necessary for the purposes of access to the contents of the databases and normal use of the contents by the lawful user shall not require the authorization of the author of the database.

> 8.1 - The maker of a database which is made available to the public in whatever manner may not prevent a lawful user of the database from extracting and/or re-utilizing insubstantial parts of its contents, evaluated qualitatively and/or quantitatively, for any purposes whatsoever. Where the lawful user is authorized to extract and/or re-utilize only part of the database, this paragraph shall apply only to that part.

There is a threshold in 8.1 related to what is and isn't "substantial"
but it's at the discretion of the court, if I understand correctly.
But more to the point: if you allow that Wikidata's use of OSM is
lawful, 6.5 seems to specifically allow for reproduction of IDs.
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