<p>The test for copyrightability is some amount of creativity. Case law suggests that this can be very minimal. Rather than looking for what is factual and thus not copyrightable, let's look for what is.</p>
<p>There are many things that meet the almost trivial threshold that legally constitutes creativity. Road classification, land use, abstraction, generalization, selectivity, arbitrary tagging, arrangement, smoothness, routes, desire paths, boundary approximation, building outlines, junction topology, address schema, layers, etc. All creative, all copyrightable.<br>
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<p><blockquote type="cite">On 5 Aug 2010 21:03, "Rob Myers" <<a href="mailto:rob@robmyers.org">rob@robmyers.org</a>> wrote:<br><br><p><font color="#500050">On 08/05/2010 08:20 PM, Anthony wrote:<br>><br>
><br>> I don't think so. Ways contain geographical data, but ...</font></p>
I don't know what else they are.<p><font color="#500050"><br><br>>> The fact that the form is fixed on the hard drive is less important than<br>>> that it's fixed as ...</font></p>
They are different forms. Different forms have different copyright protection, including none.<p><font color="#500050"><br><br>> Accuracy would be maximized by using as many nodes as possible.<br><br></font></p>
Not if many are inaccurate. Outliers aren't just a book by Malcolm Gladwell. ;-)<p><font color="#500050"><br><br>> That's not what's being done. Instead, the creator of the way is<br>> selecting nodes which s/he f...</font></p>
True. But if the sorting is simply "sweat of the brow" then it's not eligible either.<p><font color="#500050"><br><br>>> My point is that they are different fixed forms covered by different aspects<br>
>> of copyright la...</font></p>
They are. But only because both are forms that are explicitly covered by copyright law. A font program is a copyrighted work that describes an uncopyrightable (in the US) but more graphical design. A white pages web site may have a typographic, design and code copyrights but wont (under US law) have a database copyright.<br>
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Copyright isn't just copyright, and a particular expression or element of something may or may not be copyrightable.<br>
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(IANAL, TINLA.)<br><font color="#888888">
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- Rob.</font><p><font color="#500050"><br><br><br>_______________________________________________<br>legal-talk mailing list<br>legal-talk@openstreetmap....</font></p></blockquote></p>