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

[Andreas Perstinger]

On 2011-07-07 08:48, Anthony wrote:
> On Thu, Jul 7, 2011 at 2:45 AM, Andreas Perstinger
> <andreas.perstinger at gmx.net>  wrote:
>>  On 2011-07-07 08:24, John Smith wrote:
>>>  Wouldn't it be great if we could all wish away inconvenient laws like
>>>  that, however morality often drives laws and they tend seem to think
>>>  map content is protected under copyright.
>>
>>  But I've just showed you that there are countries where this is clearly not
>>  the case.
>
> You've done nothing of the sort.

I know it's not a good idea to post a German text on a English mailing 
list, but the link I've posted says that in Austria a map is not 
protected by copyright if it just reproduces geographical facts. This is 
the general view of the highest court in my country.

Here is one example where this general rule was applied (sorry it's 
again in German): 
http://www.ris.bka.gv.at/Dokumente/Justiz/JJT_19920114_OGH0002_0040OB00125_9100000_000/JJT_19920114_OGH0002_0040OB00125_9100000_000.html

Short summary: A map publishing company produced a map of the state 
Lower Austria (Oberösterreich) which showed all camping grounds within 
the state. The state itself was shown in another colour than the 
neighbouring states. Another organisation reduced the size of the map, 
desaturated it and published it without attribution. The plaintiff lost.

Bye, Andreas