[talk-au] repurcussions of IceTV decision

John Smith deltafoxtrot256 at gmail.com
Thu Feb 11 04:52:23 GMT 2010


On 11 February 2010 14:19, David Murn <davey at incanberra.com.au> wrote:
> Doesnt all content have an identifiable author, or at least copyright
> holder?  Unless its computer generated that is.

The copyright holder isn't always the author, although in the case of
Channel 9/Telstra they should have auditing systems in place to be
able to identify the authors, but again they wouldn't be the copyright
holder. Although if they couldn't identify the employees who updated
what I guess they don't.

In any case I never mentioned anything about this point.

> So how is this 'meta information' any different to 'fact'?  The meta
> information might say a road has an incline or a service station sells
> e10, but just because that is entered in by OSM users, it doesnt change
> it from being fact to being a creative work.

The creative aspect comes from deciding what tags to use, and mapping
slightly differently from the next person, as I said before the
facts/vector data probably isn't protected, but the meta data requires
some thought/creativity to figure out how to tag things, especially
non-common things.

> Does this mean we'll likely be seeing many more mass imports from
> people, now that the legal issues are fuzzy?  Doesnt this go against the
> whole principle of OSM, being that its completely free of any possible
> restrictions?

Unlikely, the white/yellow pages in the US and other jurisdictions
haven't had copyright on them for some time, that is only half the
problem the next problem is getting access to suitable sources of data
and to do so you may be under contract rather than relying on
copyright laws to protect the information.

Take for example the national toilet database:

http://data.australia.gov.au/610

To download it you need to agree to a shrink wrap license that states
some very controdicting things:

Permitted Purpose
    means the right to:

       1. (a) use, adapt, reproduce, publish and communicate to the
public the Database in any format (including any part of the
Database); and
       2. (b) design and build, or have designed and built on your
behalf, any Derivative Products.

3.2 You may not sublicense your rights under these Terms to any
person. If you require another person to access the Database for the
Permitted Purpose (including a person you engage to design or build a
Derivative Product on your behalf), that person must obtain a copy of
the Database from the data.australia.gov.au website and comply with
the Terms of this licence.

7.1 You must ensure that if and when you make any Derivative Product
available to third parties that you do so on terms that ensure users
they understand that we do not guarantee, and accept no risk in
respect of, the accuracy, currency or completeness of the Derivative
Product.

Does that mean we can create a derived data set for OSM and then import it?




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