Hi,
I'm starting to feel bad as I started this. I strongly suggest to stop
public discussion here as we're more and more getting to specific cases.
If at all, those concerned should continue discussing in private, not on
the list. Most - probably all of us have no legal background whatsoever
and we're more and more getting into the dangerous terrain of using our
(dangerous) half-wisdom for preparing a possible argument in specific cases.
Before I started, I have sought (informal) legal advice about the
situation and based on the answer decided that for me _personally_ the
risk is bearable. Of course, this would have to be reconsidered in
context of the planned terrain database.
In the end, the only safe ways would be either to survey the data
ourselves or get a license from a provider. The latter would most
probably mean that we cannot give the scenery away for free, the former
would mean that it would take us generations to get to something decent.
In general, noone is safe from unjust accusations and legal proceedings,
even if you do nothing wrong. Legal certainty is an illusion. All we can
do is trying to minimise the risk.
As a final comment on this discussion: In any case, openstreetmaps.org
is probably the cleanest approach, as - assuming that it is ensured
nobody puts data from other sources in there - noone except the
providers of the GPS data could even try to claim ownership of the data
under whatever law.
BTW: As Jon mentioned, for some parts Landsat images could be used for
digitalisation. Given the fact that these images are actually intended
for use in automatic landcover determination, we might even be able to
automatically extract vegetation information from them.
Cheers,
Ralf
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