[OSM-talk] Illegal activity

[Anthony]

On Sun, Nov 1, 2009 at 9:09 AM, John Smith <deltafoxtrot256 at gmail.com> wrote:
> 2009/11/1 Anthony <osm at inbox.org>:
>> 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.
>
> That's flat out wrong.
>
> The reason they ban cameras from concert events etc is because they
> can prevent you from taking photos, but once the photo exists it is
> copyright to the person that took it.

I didn't say anything about concert events.

> As for the design of the road, Ford tried to asert it owns the look of
> it's cars over some car enthusit group that made a calendar, Ford
> ended up backing down but it was unlikely they would win other than by
> bankrupting the other side.
>
> To be copyright infringement you'd have to copy the technical plans.

Yeah well, maybe in the US.  In France you can copyright a building
and anyone who takes a picture of the building and uses it for
commercial purposes without permission is committing copyright
infringement.  Maybe they'd be willing to extend that to roads, at
least in the case of a road with a unique design - who knows.

>> The problem with traces is more than just a breach of contract.
>
> No it's not, you are deriving, not copying so it's breach of contract,
> that is if there is a T&C stating you can't do it.

Deriving *is* copying.  You can't create a derivative work without
copying.  At least, that's what courts in the US have explicitly come
out and said: creating a derivative work necessarily involves copying
- no copying, no derivative work.

In any case, preparing a derivative work without permission is more
than just a breach of contract.  It is a copyright violation.