[OSM-talk] Mountain names - an interesting copyright issue

[Richard Fairhurst]

Quoting Emil Vaughan <emil79 at gmail.com>:

> In a similiar vein, what about street names from memory? I know many
> street names but I can't remember whether I first learned about them
> through maps, street signs or word-of-mouth.

This is one for "Dear Uncle OSM Lawyer", I think.

I would (IANAL) contend that, when you contract to buy a map, part of  
the purpose for which it is sold is educational. In other words, you  
are buying the map to learn something from it - just like any fact  
that you read in a newspaper or book.

For the content provider to prevent you making use of that knowledge,  
_up to a certain point_, is unreasonable and arguably a breach of the  
contract of sale. Sadly UK law doesn't have a clear concept of fair use.

As ever, it's better for us to play safe for now. But I would submit  
slightly to Lars's usual argument of "what can they prove?", because  
how do you disprove that something was observed then memorised? (Lye  
Close, I guess.)

> Of course, the OS's position that they can copyright facts is
> ludicrous, but I see we have to go along with it as they have more
> money for lawyers.

This is another one for the lawyer. After all, geodata is nothing but  
facts: "this road is called High Street", "this road runs from lat n1,  
long n2 to lat n3, long n4". But if the OS can't copyright facts,  
then, er, neither can we. (Apart from the 15-year database right, of  
course.)

(follow-ups to legal-talk?)

cheers
Richard