Commons:Deletion requests/Norway maps by user:Jensens

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

Norway maps by user:Jensens[edit]

This request concerns all files in this gallery. (almost 200 files - work on tagging each file in progress) The first 15

These are maps based on data from N2000 from Statens Kartverk in Norge, created in ArcMap by user:Jensens. There have been some discussion on user talk:Jensens#kart (in Norwegian, sorry ;), which seem to conclude that the original data are not free and that these maps thus can't be licensed as PD.

General terms of use for the source (Norge Digitalt) states:[1]

Hver part er rettighetshaver til egne data. Partene gir hverandre bruksrett på bestemte vilkår til de geodata som inngår i Norge digitalt-samarbeidet.

Bruksretten innebærer følgende:

1. Rett til alle former for intern bruk i egen virksomhet.

2. Rett til bruk i virksomhetens utadrettede informasjons- og veiledningsvirksomhet. Dette omfatter lovregulert informasjons- og veiledningsvirksomhet (jf. for eksempel offentlighetslov, forvaltningslov, miljøinformasjonslov og plan- og bygningslov), men også annen informasjons- og veiledningsvirksomhet som er direkte knyttet til virksomhetens forvaltningsoppgaver. Partene kan ikke bruke informasjonen de får tilgang på gjennom Norge digitalt til noen form for kommersiell virksomhet.

Each memeber is copyrightholder to own data. The members give each other right of use by certain conditions to the geodata that is included in the Norge digitalt-cooperation.

The right of use consists of the following:

1. The right to all forms of internal use within own agency.

2. The right to use in the agencys extarnal information- and guidanceactivity. This includes information- and guidanceactivity as regulated by law (see [examples]), but also other information and guidanceactivities directly connected to the agencys administrative responsibilities. The members may not use the information they access through Norge digitalt to any form of commercial activity. (rough translation)

I'm mainly working as clerk compiling this (&thanks to Btd for helping out), I don't know enogh about the technical side of creating such maps or the legal status of the geodata to determine if we can keep these maps (though my guess is that we can't). I'll be happy to provide (rough) translations from Norwegian to English if required however.

Finn Rindahl (talk) 07:17, 26 February 2009 (UTC)Reply[reply]

  •  Keep An article by Steinar Tauböll in "Nordiskt Immateriellt Rättsskydd" (volume 75; 2006 number 4) entitled "Kan geografisk informasjon vernes av opphavsrett?" says that it is difficult to protect geographical data by copyright law. Maps constructed from data points are new works. /Pieter Kuiper (talk) 11:09, 26 February 2009 (UTC)Reply[reply]
  • a  Delete that I would love to change... I don't have access to the article quoted by Pieter Kuiper, but that geographical data can't be copyrighted seem too good to be true. I would like to hear some more opinions about this before this can be closed as keep. Finn Rindahl (talk) 01:59, 5 March 2009 (UTC)Reply[reply]
  •  Comment The terms of use quoted above are not copyright restrictions. That is why the database is not publicly accessible. If geographical data were protected by copyright, the Norwegian institute could put the data online like any photographer or artist, and it would be protected against derivative use just like any other image. But data points are not works. The only kind of copyright protection that might be applicable is a kind of "catalogue protection". So because there is no good copyright protection, the source needs to rely on users abiding by the license agreement. It is clear that the uploader had not done that, but that is not a copyright problem. It is like the photos in museums that do not allow cameras. /Pieter Kuiper (talk) 10:20, 5 March 2009 (UTC)Reply[reply]
     Comment Just for the benefit of readers who don't understand Norwegian: The uploader states at user talk:Jensens that "Selv har jeg fått tilgang til dataene som student ved en av de undervisningsinstitusjonene som er part i Norge Digitalt." i.e. "I have gained access to the data as student at one of the educational institutions who are part of Norge Digitalt". Finn Rindahl (talk) 11:23, 5 March 2009 (UTC)Reply[reply]
  •  Delete I wished we could have kept theese maps, but in my eyes this is a clear violation of the terms of service for Norwegian Mapping and Cadastre Authority. Røed (talk) 20:04, 8 March 2009 (UTC)Reply[reply]
    That would be the uploader's problem. But if he releases this, there is no problem with copyright. /Pieter Kuiper (talk) 20:12, 8 March 2009 (UTC)Reply[reply]
  •  Keep Geographical points do not constitue works of art and is not goverened by copyright law. In Norway, there is a database law, protecting databases by stating that "significant portions" of a database cannot be extracted and used without permission. However, of the billions of points no doubt present in the data material belonging to the Norwegian ordinance survey (Statens Kartverk), the few points used in these maps can hardly be said to constitute a significant portion of the database. Moreover, these maps, based on a licensed copy of the data, can hardly be regarded as a database extract as there is no way to get the points back from image pixels to a geographical database with the same precision as is present in the original data. Einarr (talk) 20:39, 8 March 2009 (UTC)Reply[reply]
  •  Delete, no permission from data source owners and might be a copyright violation. The law does not allow free use of the information even for insignificant extracts. Btd (talk) 21:04, 8 March 2009 (UTC)Reply[reply]
  •  Delete, parts of the Norwegian free software community have tried to lobby the government into making data from the Norwegian Mapping and Cadastre Authority freely available. If such data were not copyrightable, somebody would have noticed. --Kjetil_r 21:10, 8 March 2009 (UTC)Reply[reply]

Kept. No copyright violation. The fact that the original data has access restriction is not a problem for Commons. Yann (talk) 13:01, 4 April 2009 (UTC)Reply[reply]

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