[OSM-legal-talk] license change effect on un-tagged nodes

[John Smith]

On 6 July 2011 02:49, ce-test, qualified testing bv - Gert Gremmen
<g.gremmen at cetest.nl> wrote:
> I doubt if any effort in re-creating a map database of the real world
> can be classified as creative work,
> as the mapper inevitably tries to copy reality to the best of his
> effort, and any deviation is just imperfection
> and corrected once the right information is available.

We aren't for the most part trying to make raster images of aerial
imagery, so there is a lot of creativity that goes into making
interpretations of the real world.

> I never met a OSM mapper saying he is using his creativity to create
> an original view of the world. Its not just a lack in precision and
> perfection that
> makes a work creative, the creator must also have the intention to add
> something
> of himself.

In terms of copyright this doesn't matter, just like if you write a
few lines of whatever, you automatically receive copyright on your
work.

> In creating tiles "the map" I agree. Not in creating a database.

In terms of copyright, it doesn't matter how a map is stored or how it
is displayed, it's the act of making it that matters and because there
is human involvement that's all that matters.