[OSM-legal-talk] decision removing data

[Anthony]

On Thu, Aug 5, 2010 at 11:52 AM, Rob Myers <rob at robmyers.org> wrote:
> 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?

Because I wanted to see which one you were talking about.  1, or 2, not both.

> 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.

And OSM is more than just geographical data.  A way isn't geographical data.

>>> 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).

A database on a hard drive *is* in a fixed form.  "Fixed" doesn't mean
"can't be edited", at least not in the sense it's used in copyright
law.

>> 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.

So you agree I'm *maybe* right, you're just not sure?  Fine, I'll take it.

>> 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.

There is selection within a single way.  What nodes to use to represent the way.

>>> 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?

No.  There is no equivalent to Section 114 of the US code
(http://www.copyright.gov/title17/92chap1.html#114) for geographical
databases or cartographic images.