Simon Poole <simon@...> writes: >If somebody is improving the geometry of a way because he is >interpolating from the available information (may that be GPS traces of >other ways) then he is doing exactly that,
That is exactly it: "improving" the geometry of a way. Not replacing it. If you take an existing street and adjust its position it is hard to argue that you have taken a completely clean-room approach to doing so, not using the existing geometry at all. The existing geometry is there on your screen while you are editing! Yes, there are some cases where you might totally ignore the existing geometry (perhaps because it has been messed up by a newcomer hitting the wrong buttons in Potlatch) and recreate it wholesale. But those are a small minority. >just because he is reusing an >existing object (pre-numbered sheet remember) to mark a new interpolated >position doesn't mean it is a derived work Agreed - that in itself is not enough. If a mapper grabbed some existing node from the database and removed its location data entirely (perhaps taking it from a global stock of 'spare nodes' kept in the Pacific ocean) then it would clearly not be derived. But why do that when you can just click to create a new node? If the mapper starts with a node that's already in roughly the right place and just adjusts it a little bit, then the new position is derived from the old one. >Now if you wish to state that interpolation itself creates a derived >work, please argue that. By interpolation I was referring to the practice of taking two paths (be they two GPS traces, one GPS trace and one existing way on the map, a way on the map and a path visible in an aerial photograph, etc) and combining them to make a new path which is roughly halfway between the two. For example if mapping from GPS plus an existing out-of-copyright map you may trace a way which is about halfway between your GPS trace and what you see on the old map - since neither of them by itself is entirely accurate. Doing this makes the new path derived from both the old one and the new one. -- Ed Avis <e...@waniasset.com> _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk