[OSM-newbies] Non derivative work

[Steve Bennett]

On Sun, May 2, 2010 at 8:56 PM, Xan <dxpublica at telefonica.net> wrote:
> I think the key is how use the google data:
>
> - if you use google data for moving to the place you want and then get
> GPS data (or other own data) and map this place from this data,
> everything is ok
> - if you use the google data for mapping the place, then you make a
> derivative work of google data.
>
> I think it's so simple.

Has the concept of a "derivative work", particularly in the case of
maps, ever been tested in court? IMHO, OSM tends to take an overly
cautious approach here. Surely a work can be "informed by" another
work without being "derived from" it. Take the example of a Wikipedia
article (a text work) written after reading various other articles.
It's not a "derivative work". Presumably something similar applies
here.

Very happy to be contradicted...

Steve