On 2 February 2012 13:43, Woll Newall <w...@2-islands.com> wrote: > What is the consensus on the legal status of an object that has been created > by a non-agreer, but all of the nodes and all of the tags have been > deleted/changed by agreers? > > i.e.: > 1) Non-agreer creates a way with tags 'name=A' and 'highway=tertiary', and 3 > nodes (with no tags). > 2) An agreer then deletes 1 node and moves the other 2 nodes, and changes > the tags to be 'name=B' and 'highway=secondary'. > > Is that way now clean or still tainted? I think that it is clean.
That example probably would be, but how would you distinguish it from the following: 1) Non-agreer creates a way with tags 'name=Main Rd.' and 'highway=tertairy', and 3 nodes (with no tags). 2) An agreer then deletes 1 node and moves the other 2 nodes, and corrects the tags to be 'name=Main Road' and 'highway=tertiary'. While the route of the way may now be clean, the tagging is clearly a derivative of the original mapper's work. (Ok, so individual facts like a road name and classification may or may not attract copyright, but enough of these facts make a database, which could well be protected.) > However, I think that there was a discussion about this a while ago, where > someone argued that, if the new nodes/node-positions were derived in some > way from the original nodes, then they would still be tainted.However, > surely we are trusting agreers to only use odbl/CT-compatible sources to > enter those new nodes/node-positions, so they can't be tainted? If the > agreer was actually creating a completely new way, we are also trusting that > they only use compatible sources to position the nodes, so it is equivalent > surely? You might hope that that's the case now (though I'm not sure we've really had enough publicity to guarantee it). However, I don't think there's much chance of this being the case before the license change procedure got into full swing. For example, I'm sure lots of mappers have replaced POI nodes with building outlines from aerial imagery, and copied the tags across, using the original node as the source, rather than having an independent source of their own. Not that there's much we can do about that particular type of copying from OSM to itself now though... -- Robert Whittaker _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk
