[OSM-legal-talk] [OSM-talk] New rules for OSMI license change view

Frederik Ramm frederik at remote.org
Tue Dec 27 12:26:20 GMT 2011


(taking this to legal-talk)

Russ,

On 12/27/11 05:08, Russ Nelson wrote:
> But this way is still marked as "created by a nodecision user":
> http://osm.mapki.com/history/way.php?id=3753605
>
> Well, maybe it was created, but the sins of the father do not pass
> onto the son. No part of what the nodecision user created remains
> *except* for source=PGS.

There may be a misunderstanding here.

I *do* in fact ignore "source" (and "note" and "fixme" and "created_by") 
when deciding whether there's a copyright of a nodecision user involved, 
and if indeed the source=PGS tag was the only thing that remained then 
this way would not be flagged.

In this case however, there's a sequence of about 20 nodes that was 
created by the initial user and even though these may all have been 
individually moved and therefore the individual nodes are considered 
"clean", the fact that these 20 nodes in this sequence form a line is 
considered the "work" of the original mapper.

This is, of course, open to discussion. If mapper A creates a way with 
20 nodes and adds one tag, and mapper B moves all those nodes 
individually *and* replaces the tag with someone else, then if A 
disagrees and B agrees, do we believe that A retains a copyright?

Or, to widen the question a bit:

The geometry of a way is determined from its node list *and* from the 
position of each of the nodes. Assume that you have no copyright in any 
of the node positions (because either the nodes were there before you, 
or because someone else moved them all around) - can you still have a 
copyright in the node list?

Currently at least my software assumes that yes, you can. It would be 
possible to change this and say: You can only have a copyright in the 
"node belongs to way" relationship if you also have a copyright in the 
node. That would then mark as clean a way like the one above.

Bye
Frederik



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