[OSM-legal-talk] decision removing data

[Rob Myers]

On 08/05/2010 03:50 PM, Anthony wrote:
>
> I say such a definition is not possible to create.

Then why are you asking for one?

It is trivial to define geodata as geographical data in database form. A 
rendered map isn't geodata because it isn't in database form.

>> The fixed form is different. The fact that one is a database (that may not
>> attract copyright) and the other a picture (that may be covered by specific
>> map-related copyright) is legally as well as philosophically significant.
>
> And what's that difference?

The fixed form. If you mean what is the significance, different forms 
have different rights and coverage in copyright law (including none).

> If I create a map in Photoshop, is there
> copyright on the picture, but not the file used to create that
> picture?  It's no different if I create a map in Mapnik.

It is different because the Photoshop file is simply an encoding of the 
image. The OSM database is not simply an encoding of the artistic 
versions of the rendered maps that you can find online.

Font files are always carefully structured and referred to as programs 
in the US. This is because typographic designs cannot be copyrighted in 
the US but (since the late 1970s), programs can.

Then there's dance notation...

> POIs, fine.  Ways, which represent roads, no.  A way is not merely an
> uncreative collection of facts.

Yes, OSM is a stack or a layer cake. POIs - DB right. Ways - DB right 
and *maybe* copyright. Maps - copyright.

> There is selection, as to which facts
> to express, and there are even deviations from facts, when the pure
> facts wouldn't look right (consider the merging of two roads, for
> example).

But there are no categories in the database like "fun roads to look for 
cakes on" or "purple roads". The selections are determined by the 
externally defined criteria for categorising and naming roads.

>> Consider a written musical score and a recording of a performance of that
>> score. The score is not the performance, and there are different laws and
>> aspects of the law covering the two fixed forms.
>
> And both are subject to copyright law.  Good analogy.

Given that it's a good analogy, I assume my point that the two are 
regarded as different forms with different degrees and extents of rights 
by copyright law has some bearing on the relationship between 
geographical databases and cartographic images?

- Rob.