On 7 Oct 2009, at 12:43, Matthew Somerville wrote:

> Francis Davey wrote:
>> I don't think they have taken such advice (please point me to any you
>> know about).
>
> One would assume the Ordnance Survey have taken legal advice on their
> OpenSpace, which appears to state that point based derivation from  
> an OS
> map would belong to the OS:
> http://openspace.ordnancesurvey.co.uk/openspace/faq.html sections 2.1
> and 2.2; and
> http://openspace.ordnancesurvey.co.uk/openspace/ 
> developeragreement.html
> has their definition of Derived Data which includes "any Data  
> created by
> You or an End User identifying the location or other attribute of any
> new feature directly using Our mapping".
>

You can put what you like in a contract.They could also ask developers  
to dance a jig before every work session, if they wished, but what's  
in a contract doesn't reflect pre-existing legal conditions.

If the derived data were protected by copyright, then it would not be  
necessary to put it into the contract, except for clarity.

> I did misunderstand your previous email (obviously if you used Google
> maps search to look up a postcode, then clicked on the map, I imagine
> that would be a worse position), and I do agree with what you say (my
> postbox locating thing revolves around a presumably similar issue).
>
> ATB,
> Matthew
>
>> If I use a map to find somewhere (which may not be a point marked on
>> the map of course) and extract (by measurement - which is what
>> clicking on an image will do) a lat/long coordinate, that action does
>> not involve the copying of the map in any way or making a derived  
>> work
>> even if I do this lots and lots and lots of times.
>
>
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-- 
Ian Eiloart




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