[OSM-talk] Not sure what to think

[Simon Poole]

Am 07.01.2016 um 15:29 schrieb Christoph Hormann:
> On Thursday 07 January 2016, Simon Poole wrote:
>>> I use Google almost every time I add to the database. For example
>>> in Great Britain there's currently a project to map & update all
>>> schools in the country. To find their website addresses I use
>>> Google search, perfectly legitimately.
>> I'm not quote sure why you believe that.
> This is a great example IMO for the absurdity of some parts of legal 
> database protection as we have in the EU.
>
> The interesting thing is Google does not even provide direct links to 
> their search results so you have to actually call the site to be able 
> to get its URL.  The idea that Google retains rights on the URL of a 
> website you open in your browser because of the way you got there is - 
> well - interesting, although you are right this is within the scope of 
> the law when done in sufficient volume.
You don't actually have to open the link to be able to copy the URL.

In any case I think we would all agree that
- technically google provides a database of websites URLs 
- the search functionality is simply the way it provides access to the
database

Now if EU sui generis database protection applies at all to the
database, what would considered to be a substantial extract and if
individual copying by OSM contributors would be considered separately or
combined are all points that likely would have to be decided by a court
except if google would waive such rights (that is why search specific
google  ToS would be interesting). Naturally there's additional
complexity in the the database directive only applies to databases that
are published in countries that provide such protection to publishers in
EU member states (so in the case of google it might not apply at all).

In any case enough question marks to make a blanket "perfectly
legitimately" a bit iffy.

Simon

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