[OSM-legal-talk] decision removing data

[80n]

On Fri, Aug 6, 2010 at 6:57 PM, Jukka Rahkonen <jukka.rahkonen at latuviitta.fi
> wrote:

> 80n <80n80n at ...> writes:
>
>
> > There are many things that meet the almost trivial threshold that legally
> constitutes creativity. Road classification, land use, abstraction,
> generalization, selectivity, arbitrary tagging, arrangement, smoothness,
> routes,
> desire paths, boundary approximation, building outlines, junction topology,
> address schema, layers, etc.  All creative, all copyrightable.
>
> I have been leading a team of digitizers tracing features from aerial
> images. I
> was doing everything I could to minimize the creative or artistic part of
> their
> work. Actually, a quite heavy system of internal and external quality
> control
> was there just to make sure that every worker was producing about the same
> sort
> of bulk data.
>

So, without your best endeavours, would you agree that these contributors
would naturally introduce some creativeness?  If you have to expend effort
to remove creativity then you have made a pretty good case for the existence
of creativity.  Thank you for your testimony.


>
> There are also other and bigger organizations than OSM doing same kind of,
> for
> my mind non-creative, work.


Please don't misunderstand the legal meaning of creativity with respect to
copyright.  As far as I know, creativity in this context refers to factors
such as originality, arrangment and selectivity.  Decisions such as whether
or not to trace a particular feature because of its prominence is one of
selectivity and in the eyes of the law that might constitute creativity.



> Mapping agencies in the European countries, for
> example. I think that we must not claim that this kind of work is creative
> and
> copyrightable. That will be used against us and against all the citizens
> willing
> to use geospatial data produced by our administrations. We should show an
> example about free geodata, not the opposite.
>
> -Jukka Rahkonen-
>
>
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