[OSM-talk] licence plan - Question about supplying own data

[SteveC]

On 5 Mar 2009, at 08:36, David Earl wrote:

> (lost track of who said this, but...)
>>> Very unlikely, derived individual coordinates are facts. I've asked
>>> multiple lawyers about this personally.
>>>
>> Are you saying that facts that are derived from a Produced Work are
>> not covered by the reverse engineering clause?
>>>
>>> If I derive the location of all the street corners of a city from a
>>> rendered map then that is just a collection of facts and not a
>>> reverse engineered recreation of the original database?  If so, it
>>> doesn't seem like the reverse engineering clause is worth the paper
>>> its written on.
>
> Ordnance Survey seems to take a different view, which is precisely the
> reason OSM exists. In a way it doesn't matter whether you, I, or  
> even a
> bunch of lawyers think the opposite if OS can sink OSM just by sucking
> OSM into a massively expensive legal action.
>
> But "all the street corners" may individually be facts, but the
> collection of them is a database which you've recreated. The whole  
> point
> about database IP protection is that there is value in the collection
> when any individual piece of content is either not protectable or not
> worth protecting.
>
> It would be really nice if a court would actually decide (in a case
> involving someone who can afford to defend themselves) whether someone
> geolocating their photo from an OS base and publishing it (or even
> quoting a grid reference in a book) infringes OS IP, and especially
> where derivation starts. I did actually try asking OS this once - I  
> put
> a set of scenarios to them ranging from quoting a grid reference to
> tracing lines, and all I got back was "it's too complicated to answer,
> we'd be delighted to offer you a license for your circumstances".

Yes then we would have case law to wave around. What did you think of  
my idea on geowanking that I posted here again yesterday?

	http://lists.openstreetmap.org/pipermail/legal-general/2008-November/000030.html



>
>
> David
>
>
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Best

Steve