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

[John Smith]

On 7 July 2011 07:25, Andreas Perstinger <andreas.perstinger at gmx.net> wrote:
> 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.The same goes for
> IMHO that's a very weak protection for a cc-by-sa map.

How will the ODBL help here any better?

This is an issue for all maps and this is why map companies put in
trap streets.

> 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)"

So you are planning to copy from google maps then?