[OSM-legal-talk] Feedback requested ... OSM Poland data

Jaakko Helleranta.com jaakko at helleranta.com
Fri Mar 9 04:21:14 GMT 2012

Umh. Of course other (as in any) maps can be used for _some_ level of "verification" (such as: oh, there seems to b a rd here! I should go out and survey that!) -- Or should I rather say navigation to help in one's own surveying.

I'd be very very surprised if let's say any new company in the maps business doing their survey of roads would not be doing it "based on" other providers maps. They'd send out cars with GPSs to just randomly drive around the country?? Unlikely. 

Rather, they'd buy a Garmin/TomTom/WhatNot and drive all the roads on that, make their own notes of the road classifications, etc details, and build their map data based on that.

It's only(?) crowd-sourced community-created maps like OSM, Waze, etc that have (some) patience in building their map road by road (and even these do imports -- and keep eyes open when looking at other maps). 

Perhaps we're going into nitty-gritty over the term verification, here?

Cheers from Haiti,

Sent from my BlackBerry® device from Digicel
Mobile: +509-37-26 91 54, Skype/GoogleTalk: jhelleranta

-----Original Message-----
From: Ed Avis <eda at waniasset.com>
Date: Thu, 8 Mar 2012 21:40:41 
To: <legal-talk at openstreetmap.org>
Reply-To: "Licensing and other legal discussions."
	<legal-talk at openstreetmap.org>
Subject: Re: [OSM-legal-talk] Feedback requested ... OSM Poland data

Richard Fairhurst <richard at ...> writes:

>If we were to say "we don't think verifying data creates a derived work",
>would the great mass of OSM mappers be content to see Google (for example)
>use our effort to determine where new streets are; send the StreetView
>cars/satellites out; and have the new streets on Google Maps within a couple
>of days?

More to the point, would OSMF be happy for mappers to do the reverse operation,
using Google Maps as a guide to where to go out and resurvey?

If OSMF makes a statement that verifying data doesn't create a derived work, it
must do so only on the basis of justifiable legal opinions, which are publicly
reviewable.  Anything else would not be a statement of belief about the law, but
a special exemption or extra permission outside the normal licence, which cannot
be done without a 2/3 vote.

If OSMF does decide, after careful consideration of the legal evidence, that
verifying data does not create a derived work under copyright or related rights,
then a necessary consequence is that OSM mappers will be able to make use of
other maps to verify their work, just as UMP will be able to use OSM.

All this goes away if the OSM map continues to be published under CC-BY-SA in
parallel with ODbL.

Ed Avis <eda at waniasset.com>

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