On Sun, Dec 6, 2009 at 9:55 AM, Eugene Alvin Villar <span dir="ltr"><<a href="mailto:seav80@gmail.com">seav80@gmail.com</a>></span> wrote:<br><div class="gmail_quote"><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
Why do people believe that there no creative copyright in OSM data (i.e., why is CC-BY-SA supposedly indefensible for OSM data)? I'm talking about the US-type of copyright that is based on sufficient creativity, and not on the sweat-of-the-brow copyright that is part of UK IP.<br>
</blockquote><div><br>I'm going with that assumption because that's what the OSM, Creative Commons, and Open Data Commons, all are telling us.<br><br>But I think you're right that there could be argued to be some creative content in the OSM database. Essentially every time someone decides to "map for the renderer" rather than "map what's on the ground", they're making a creative decision.<br>
<br>I think *most* of the OSM database is uncopyrightable here in the US. The road networks, at least the public road networks, are probably public domain. The service roads, maybe not - there was a certain amount of selectivity to them. The POIs, yes and no. If I extract all the "police stations" from the OSM database, that's probably public domain. But if I take all the POIs, maybe not. There was a selective process used to determine which types of POIs to include and which not to include. On the other hand, who owns the copyright on this selection process? Probably we all do.<br>
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But I would argue that a selection of a finite set from an infinite possible nodes that can represent the centerline of a road is a sufficiently creative endeavor that is automatically afforded copyright according to the US copyright system.</blockquote>
<div><br>Inaccuracy isn't copyrightable. Mistakes aren't copyrightable (see Feist). The intent of OSM is to represent the centerline of a road as accurately as possible. There aren't an infinite number of possibilities which we creatively choose from. (First of all, the number of possibilities that can be represented is finite, as the number of decimal places is finite. But more to the point, the purpose is to record exactly one result, and any deviation from that is simply an error.) Mistakes and inaccuracy do not represent creative input.<br>
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