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

[Andreas Perstinger]

On 2011-07-06 22:17, John Smith wrote:
> Are you planning to try and replace all my work one way at a time like this?

No, I just wanted to show you that you can't really tell if someone 
retraces a removed way by looking at an aerial imagery, by looking at 
the current OSM map or by just moving randomly some nodes.
IMHO that's a very weak protection for a cc-by-sa map.

> Which is of course the real issue, copyright does exist on the
> content, and assumptions have to be made about what is likely to have
> happened.

BTW I've just found some high court decisions which clearly state that a 
map (and its content) isn't protected by copyright automatically here in 
Austria. You have to prove individual creativity. Just reproducing 
geographical facts like the course of a street or a river is not enough:

http://www.ris.bka.gv.at/Dokumente/Justiz/JJR_19920114_OGH0002_0040OB00125_9100000_001/JJR_19920114_OGH0002_0040OB00125_9100000_001.html

Unofficial Translation: "Reproducing of geographical facts which one 
gets by surveying (for example the course of a mountain range, a river 
or a street or the location of a locality) in a map isn't protected by 
copyright (Urheberrecht)"

Bye, Andreas