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Re: JPL Planetary Ephemeris DE405

Ole Streicher <olebole@debian.org> writes:
> 2. "Sui Generis Right": By accounting the investment to create the
> database.

One thing to add here is article 11:

| Beneficiaries of protection under the sui generis right
| 1. The right provided for in Article 7 shall apply to database whose
| makers or rightholders are nationals of a Member State or who have
| their habitual residence in the territory of the Community.
| 2. Paragraph 1 shall also apply to companies and firms formed in
| accordance with the law of a Member State and having their registered
| office, central administration or principal place of business within
| the Community; however, where such a company or firm has only its
| registered office in the territory of the Community, its operations
| must be genuinely linked on an ongoing basis with the economy of a
| Member State.
| 3. Agreements extending the right provided for in Article 7 to
| databases made in third countries and falling outside the provisions
| of paragraphs 1 and 2 shall be concluded by the Council acting on a
| proposal from the Commission. The term of any protection extended to
| databases by virtue of that procedure shall not exceed that available
| pursuant to Article 10.

As far as I know, there is no extension agreement with the US. So, JPL as
the database maker cannot protect the database by article 7.

Also, the protection in article 7 expires after 15 years (article
10). The databases DE200 and DE405 are however created 1981 and 1998; so
they cannot be protected on this base.

Best regards


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