[odc-discuss] Articles 5, 6 & 15 of the EU Database Directive

Jordan S Hatcher jordan at opencontentlawyer.com
Thu Jun 24 21:56:49 UTC 2010

Sorry it took me a little while to respond.  Broadly speaking, articles 6 and 8 are the exceptions to the rights (copyright and sui generis db rights, respectively) and  article 15 says you can't contract around those exceptions.  it's like saying you can't contract out of your right to fair use in normal copyright law (which in some cases/jurisdictions you _can_ contract around those restrictions).

so you can't have a license that would be effective (as in enforceable by a court) to restrict you from your right as a lawful user to extract and reutilise insubstantial parts of the contents (see article 8(1)). once you're a lawful user, insubstantial parts are "fair game".

the effect on the ODbL seems non-existent to me as the ODbL specifically maintains any exceptions (fair use, fair dealing, database right exceptions) in  section 6 of the ODbL.




On 8 Jun 2010, at 21:09, Matt Amos wrote:

> we've had an interesting comment on the discussion page of one of
> OSM's wiki entries:
> http://wiki.openstreetmap.org/wiki/Talk:Open_Data_License/Trivial_Transformations_-_Guideline
> i can't answer it myself, and have managed to thoroughly confuse
> myself by trying to read the Directive to figure it out for myself.
> any guidance would be greatly appreciated.
> cheers,
> matt
> _______________________________________________
> odc-discuss mailing list
> odc-discuss at lists.okfn.org
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Mr. Jordan S Hatcher, JD, LLM

More at: <http://www.jordanhatcher.com>
Co-founder:  <http://www.opendatacommons.org>
Open Knowledge: <http://www.okfn.org/>

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