Talk:Open Data License/Trivial Transformations - Guideline

From OpenStreetMap Wiki
Jump to: navigation, search

What about article 15 of the EU directive ? Any lawful user may do any act restricted by copyright (article 6 (1)) "for ... access ... and normal use". I'd be inclined to think that the lawyers drafting the odbl commented on that? Alv 06:45, 2 June 2010 (UTC)

Article 15
Binding nature of certain provisions
Any contractual provision contrary to Articles 6 (1) and 8 shall be null and void.
Jordan Hatcher's comments on the above [1], the tl;dr is "the effect on the ODbL seems non-existent to me as the ODbL specifically maintains any exceptions ... in section 6 of the ODbL."
I would disagree after rereading the reasoning from the (Finnish) cabinet bill harmonizing, i.e. implementing the parts of the directive that weren't previously included in local law (we had database right already in the 80's): they consider these as equal to the right to do temporary/technical copies of copyrighted works necessary for playback, or the right to amend software to make it work for the intended purpose. "For access to contents and normal use"; normal use just isn't defined anywhere and would then probably be argued on. The wording in UK law looks (reasonably) identical to a non-lawyer. I read the first sentence of 6(1) (in the directive) as to cover all users, the second ("where lawful user is authorized to use only part of") the "insubstantial part" case; point (34) of the introductory (or what's it called) part of the directive kind of supports that. There's other sections that prohibit anything even a lawful user does from causing "significant detriment ... to the investment". But IANAL and would rather go mapping. Alv 09:08, 24 August 2010 (BST)