[OSM-legal-talk] feedback requested

Ed Avis eda at waniasset.com
Wed Dec 21 13:15:31 GMT 2011


Simon Poole <simon at ...> writes:

>If you take an existing tainted way and move it they way is still going 
>to go, so what is your point again?

Are we not talking about the following situation:

   - mapper A (who has agreed to the CTs) creates a way
   - mapper B (who has not agreed) adjusts the way's geometry, creating
     some new nodes
   - mapper C (who has agreed) adjusts the position of those nodes

In this case the third edit would have to be reverted because the new position
of the nodes is still based on work contributed by mapper B, even though they
have been moved since he created them.

>You are using derived in a common language sense, please argue why this 
>is a derived work in the IP/legal sense (choose any jurisdiction you 
>would like).

That is a question for lawyers.  I do not know whether it is a derived work under
copyright law or sui generis database rights.  Normally the approach of the
project is to not import data from sources that do not have permission, and if it
gets into the database, to delete it (reverting the changeset) as soon as
possible.  We don't get into the business of judging whether we might get away
with including it anyway, because we are not lawyers.  So we have to use the
common-sense judgement of whether one piece of work builds on another.

-- 
Ed Avis <eda at waniasset.com>




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