[OSM-newbies] Non derivative work

[Dave F.]

Steve Bennett wrote:
> 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? 

 From what I remember from these groups, no; but it might be worth 
checking on the Legal group.

> IMHO, OSM tends to take an overly
> cautious approach here.

As in many modern walks of life, the approach is based on perception of 
the consequences rather than true, full understanding of the situation.

For example, Have you noticed the increase in signs warning you of 
danger that claim "For your own safety..."

They're not concerned about your safety, they're just covering 
themselves in case of litigation. The same with OSMF.


> 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
>
> _______________________________________________
> newbies mailing list
> newbies at openstreetmap.org
> http://lists.openstreetmap.org/listinfo/newbies
>
>
>