The test for copyrightability is some amount of creativity. Case law
suggests that this can be very minimal.  Rather than looking for what is
factual and thus not copyrightable, let's look for what is.

There are many things that meet the almost trivial threshold that legally
constitutes creativity. Road classification, land use, abstraction,
generalization, selectivity, arbitrary tagging, arrangement, smoothness,
routes, desire paths, boundary approximation, building outlines, junction
topology, address schema, layers, etc.  All creative, all copyrightable.

On 5 Aug 2010 21:03, "Rob Myers" <r...@robmyers.org> wrote:

On 08/05/2010 08:20 PM, Anthony wrote:
>
>
> I don't think so.  Ways contain geographical data, but ...
I don't know what else they are.



>> The fact that the form is fixed on the hard drive is less important than
>> that it's fixed as ...
They are different forms. Different forms have different copyright
protection, including none.



> Accuracy would be maximized by using as many nodes as possible.

Not if many are inaccurate. Outliers aren't just a book by Malcolm Gladwell.
;-)



> That's not what's being done.  Instead, the creator of the way is
> selecting nodes which s/he f...
True. But if the sorting is simply "sweat of the brow" then it's not
eligible either.



>> My point is that they are different fixed forms covered by different
aspects
>> of copyright la...
They are. But only because both are forms that are explicitly covered by
copyright law. A font program is a copyrighted work that describes an
uncopyrightable (in the US) but more graphical design. A white pages web
site may have a typographic, design and code copyrights but wont (under US
law) have a database copyright.

Copyright isn't just copyright, and a particular expression or element of
something may or may not be copyrightable.

(IANAL, TINLA.)

- Rob.




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