[OSM-legal-talk] Political Change

[Jeffrey Martin]

On Sun, May 11, 2008 at 3:10 PM, Liz <edodd at billiau.net> wrote:
> On Sun, 11 May 2008, Jeffrey Martin wrote:
>> I agree with the judgment. You can't make a derivative work
>> without permission.
>>
>> OSM and other open source projects give people permission
>> to create derivative works provided they follow the license
>> rules. If they could make derivative works without permission
>> then there would be no way to require compliance with the
>> license.
>
> Our problem lies in "indirect copying" rather than making a derivative work.
>
> Does the local council have copyright on the street signs from which I have
> copied the names?
>
> These matters have not been explored in Australian case law except in 2 cases.
> I would rather seek protection now for our means of collection of the data
> which can be argued in a "public interest" way rather than find OSM data for
> Australia having to be purged from the database.
>
> Liz
>
>
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Some lists want me to answer on the top and some on the bottom.
Is this a bottom answer email list?

I did not read the link to the judgment, but the article seems to
say there were show descriptions that were copied. This goes
beyond copying a fact like the name of a TV show or the name
of a street.

I agree that having specific laws is the best way to avoid
going before a judge.

If I were a city that sold mapping data and felt that OSM
was in competition, I might argue that the town street
grid was a copyrighted work and that by driving around
with your gps you are making an unauthorized copy.

How does fair use work in Australia? If I take a picture
of you in front of the Sydney Opera House what do
I own? I could argue that the picture is of you and
the inclusion of the Opera House is fair. If I take a picture
of the Sydney Opera House itself then can I sell copies
of that picture without permission?
-- 
http://bowlad.com