[OSM-talk] Illegal activity

[Anthony]

On Sun, Nov 1, 2009 at 4:13 AM, Jukka Rahkonen
<jukka.rahkonen at mmmtike.fi> wrote:
> There is an interesting blog post at http://www.systemed.net/blog/?p=100
> Tracing a copyrighted work, is not necessarily copying. See image at
> http://www.pbs.org/newshour/updates/new-imagebank/politics/0707_obamaputin.jpg

Tracing a copyrighted work is not necessarily copyright infringement,
but it's most certainly copying.

On Sun, Nov 1, 2009 at 6:17 AM, Pieren <pieren3 at gmail.com> wrote:
> I don't like this thread because it could leave the impression that
> tracing on orthophotos is not a copyright infringement. Unfortunately,
> it is.

Sometimes maybe it is.  Sometimes maybe it isn't.  Your blanket
statement on the matter is just plain wrong.

On Sun, Nov 1, 2009 at 7:01 AM, John Smith <deltafoxtrot256 at gmail.com> wrote:
> Actually it doesn't have anything to do with copyright because you
> aren't copying anything.

If you're tracing roads, you're copying the shape of the roads.
You're certainly copying *something*, but that something is probably
not copyrighted (and almost certainly not copyrighted by the person
who took the picture).  The copyright on the shape and location of the
road would be held by whoever designed the road - which makes for an
interesting predicament in any jurisdictions which would uphold such
copyrights.

> To be copyright infringment you would have to be reproducting a near copy of the origininal.

Where are you getting that from?  It's jurisdiction dependent just how
close your copy needs to be, but there are many many cases where
people have been charged with copyright infringement for copying only
one aspect of the original.

> In this case people are talking about deriving from a copyrighted
> image which might go against terms of service which might be deemed a
> breach of contract.

Which is essentially equivalent to trespass, and should have the same
rules - don't do it, but if you do it it isn't going to destroy the
database.  Or are you claiming OSM could be involved in a tortious
interference suit?  I don't see it.  Not as long as they tell people
not to violate contracts (just like they tell people not to trespass).

The problem with traces is more than just a breach of contract.