[OSM-legal-talk] ODbL, CTs and tracing GPS tracks

80n 80n80n at gmail.com
Tue Aug 17 22:25:23 BST 2010


On Tue, Aug 17, 2010 at 8:01 PM, Rob Myers <rob at robmyers.org> wrote:

> On 08/17/2010 05:35 PM, M∡rtin Koppenhoefer wrote:
>
>> 2010/8/17 Eugene Alvin Villar<seav80 at gmail.com>:
>>
>>> It's no more or less factual than recording temperature and other
>>> meteorological data at a weather station.
>>>
>>
>> IMHO it is not comparable at all, because we don't turn simply the gps
>> on and wait what it registers, but we actively move around on purpose
>> to record tracks. This is completely different because you do it
>> actively as opposed to collecting meteorological data usually trying
>> the opposite: not to influence the measurement.
>>
>
> The information recorded is not, however, arbitrary or fanciful. It is
> intended to be a competent record of an existing geographic feature that
> fits a pre-existing category (e.g. a road).
>

The path described by a GPS trace is the result of the actions and decisions
of the person controlling the GPS unit.  Unless you can read their mind you
cannot tell what their purpose was.

If they declare it to be a creative act then it probably carries enough
creativity (selection and arrangement) to meet the very low threshold that
has been established as necessary for something to be copyrightable.


>
> It is creative only to the extent that it is incompetent.
>
>
The case for creativity in GPS tracks seems to be at least as strong as in
OSM content, manybe stronger.
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