Re: [talk-au] NearMap

2010-12-20 Thread Elizabeth Dodd
On Mon, 20 Dec 2010 10:49:07 +0800
Ben Last ben.l...@nearmap.com wrote:

 The nearmap.com twitter feed (or Facebook, if you prefer) is your
 friend... we announce flight starts, flight ends and publication of
 new surveys.
 http://www.nearmap.com/?ll=-35.082167,147.302565z=21t=hnmd=20101207
 Cheers Ben
 
 On 18 December 2010 08:49, Elizabeth Dodd ed...@billiau.net wrote:
 
  New nearmap imagery from 7th December of flooding in Wagga I just
  noticed.
 
I'm not into twitter, facebook or anything similar - I can spend enough
time on the net now without any other distractions.


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Re: [talk-au] a local data compilation ruling that may be of interest

2010-12-20 Thread Elizabeth Dodd
On Mon, 20 Dec 2010 13:53:20 +1100
Jim Croft jim.cr...@gmail.com wrote:

 or not...
 
 http://minterstmt.blogspot.com/2010/12/no-copyright-in-white-and-yellow-pages.html
 
 jim
 

Interesting.
Not considered is the possibility that the people working as
contractors for Telstra (as I recall they were/are not employees)
retained any copyright over what they collected. 
Certainly the compilation of the facts/data is not subject to
copyright, sweat of the brow does not bring copyright, but no light
is shed on the intelligent effort involved in how do I tag this
object? including when new tags are proposed and used.

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Re: [talk-au] a local data compilation ruling that may be of interest

2010-12-20 Thread David Murn
On Mon, 2010-12-20 at 13:53 +1100, Jim Croft wrote:
 or not...
 
 http://minterstmt.blogspot.com/2010/12/no-copyright-in-white-and-yellow-pages.html

I can see how this ruling applies to White pages, as that is simply a
listing of facts.  Yellow pages however, is very different, with
listings all sorted into categories (some listings into multiple
categories), and a lot of the listings having artwork and other
copyrighted materials like logos, etc.  How can someone claim that
theres no creative copyrightable work in the yellow pages?

David


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Re: [talk-au] a local data compilation ruling that may be of interest

2010-12-20 Thread John Smith
On 20 December 2010 18:57, David Murn da...@incanberra.com.au wrote:
 I can see how this ruling applies to White pages, as that is simply a
 listing of facts.  Yellow pages however, is very different, with
 listings all sorted into categories (some listings into multiple
 categories), and a lot of the listings having artwork and other
 copyrighted materials like logos, etc.  How can someone claim that
 theres no creative copyrightable work in the yellow pages?

I saw that comment (possibly from a lawyer commenting on the previous
ruling) and I couldn't figure out why the judge(s) would have included
the yellow pages in their ruling(s) or why Telstra didn't split/put up
a better argument for copyright on their YellowPage phone books...

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Re: [talk-au] a local data compilation ruling that may be of interest

2010-12-20 Thread Elizabeth Dodd
On Mon, 20 Dec 2010 19:57:34 +1100
David Murn da...@incanberra.com.au wrote:

 On Mon, 2010-12-20 at 13:53 +1100, Jim Croft wrote:
  or not...
  
  http://minterstmt.blogspot.com/2010/12/no-copyright-in-white-and-yellow-pages.html
 
 I can see how this ruling applies to White pages, as that is simply a
 listing of facts.  Yellow pages however, is very different, with
 listings all sorted into categories (some listings into multiple
 categories), and a lot of the listings having artwork and other
 copyrighted materials like logos, etc.  How can someone claim that
 theres no creative copyrightable work in the yellow pages?
 
 David
 
 

The logos etc in the YP are copyright to the businesses who stick them
in. 

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[talk-au] Does this mean?.....

2010-12-20 Thread Nick Hocking
Jim Wrote

http://minterstmt.blogspot.com/2010/12/no-copyright-in-white-and-yellow-pages.html


Since taking a photo of something entails little or no independent
intellectual effort, does this means that if someone publishs a photograph
then anyone can freely derive any information from that photoghraph without
even any attribution, if they so desire? (In Australia juristriction of
course).

Also I believe that the following actions also entail little or no
independent intellectual effort.

1) walking/riding/driving around with a gps turned on and collecting GPS
traces.
2) Tracing roads from either GPS traces or any imagery.
3) Copying down street names from a street sign and then adding then to a
traced road.
4) Noting and publishing the location of POIs.
5) etc...

Therefore, does this also mean that any contributions to the OSM project
attract no copyright and can be freely used to derive information from,
without any attribution, if so desired?

I really hope the answers to these two questions are yes, since it appeals
to what I consider freedom of information.
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Re: [talk-au] Does this mean?.....

2010-12-20 Thread Ian Sergeant
On 21 December 2010 10:59, Nick Hocking nick.hock...@gmail.com wrote:

Also I believe that the following actions also entail little or no
 independent intellectual effort.

 1) walking/riding/driving around with a gps turned on and collecting GPS
 traces.
 2) Tracing roads from either GPS traces or any imagery.
 3) Copying down street names from a street sign and then adding then to a
 traced road.
 4) Noting and publishing the location of POIs.
 5) etc...

 Therefore, does this also mean that any contributions to the OSM project
 attract no copyright and can be freely used to derive information from,
 without any attribution, if so desired?

 I really hope the answers to these two questions are yes, since it appeals
 to what I consider freedom of information.


My reading of the case is that it would have no bearing on deciding whether
copyright subsists in each individual's manual contributions to OSM.  The
rules to determine that aren't really addressed, and Australia has typically
has had a very low threshold for whether copyright subsists in a work.  My
opinion is copyright likely would still subsist in each contribution that
was any greater than the purely trivial, and that the legal landscape to
determine this hasn't really altered.

However, if copyright doesn't subsist in each individual contribution, then
this case will have a real bearing on whether copyright subsists in the
entire OSM database.  I would say that if copyright doesn't subsist in the
individual contributions, then the automated process that we have to compile
the database from the contributions doesn't meet the requirements to have a
new copyrightable work, and therefore copyright would not subsist in the OSM
db in Australia.

Ian.
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Re: [talk-au] Does this mean?.....

2010-12-20 Thread Steve Bennett
On Tue, Dec 21, 2010 at 10:59 AM, Nick Hocking nick.hock...@gmail.com wrote:
 Since taking a photo of something entails little or no independent
 intellectual effort,

In what context? Obviously artistic photography is copyrightable.
 Also I believe that the following actions also entail little or no
 independent intellectual effort.

 1) walking/riding/driving around with a gps turned on and collecting GPS
 traces.
 2) Tracing roads from either GPS traces or any imagery.
 3) Copying down street names from a street sign and then adding then to a
 traced road.
 4) Noting and publishing the location of POIs.
 5) etc...

Who knows. Without a copyright lawyer, I don't think we'll get far by
trying to interpret the results of this case. (I would point out that
the case seemed to be about processing existing data, not producing
it.)

Steve

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Re: [talk-au] Does this mean?.....

2010-12-20 Thread Ian Sergeant
On Tue, Dec 21, 2010 at 10:59 AM, Nick Hocking nick.hock...@gmail.com wrote:

 Since taking a photo of something entails little or no independent
 intellectual effort,

On 21 December 2010 13:08, Steve Bennett stevag...@gmail.com wrote:

 In what context? Obviously artistic photography is copyrightable.

And even non-artistic photography...

However, this case draws a real distinction between the human process
of originality, and an automated process according to a set of rules.

I've no doubt that if I take a photo out of an aeroplane window that
copyright subsists in that photo.  However, it would be interesting to
see what the courts would now make of a satellite taking photos
automatically according to a standard process of the earths surface.

Ian.

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