[OSM-legal-talk] decision removing data

Rob Myers rob at robmyers.org
Thu Aug 5 17:41:00 BST 2010


On 08/05/2010 05:09 PM, Anthony wrote:
>
> And OSM is more than just geographical data.  A way isn't geographical data.

A way is geographical data. Or possibly geographical metadata. ;-)

> 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.

Yes, this is why I mentioned dance notation.

The fact that the form is fixed on the hard drive is less important than 
that it's fixed as a database or as an image encoding. You don't get 
synchronization rights on source code.

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

I agree that you may be right about ways. I would not however stake OSM 
on my opinion of this (which hasn't changed in some years) without legal 
advice.

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

That selection is for accuracy, not expression.

> 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.

My point is that they are different fixed forms covered by different 
aspects of copyright law.

- Rob.



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