I received non-legal opinions from the legal-talk list and the best solution
given was to use a barrier=* and no-turning restrictions to highlight the fact
that nothing is there.
We could also tag things as an area, landuse=* from sat imagery to indicate the
area has been mapped, rather than let people assume otherwise.
Other than that everything else might be too borderline. It was suggested we
host our own overlay information but I think that just shifts the copyright
debate away from OSM but could still potentially get someone else in trouble.
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