I'm curious about the legal position on tracing as a derived work (probably different in different countries). Perhaps Microsoft saying it does not consider tracing to be a derived work does not stem from their largess but their reading of the legal position. Amongst artist friends I've heard discussions about copies being considered autonomous artworks as long as they are not exact duplicates. I believe it stems from the legal protection offered to art works which parody or comment on other art works, collages, as well as art students creating their own copies of art works in the process of studying. Some artists have even created meticulous copies of famous paintings but at different scales and in different contexts as a way of comment. Did Andy Warhol breach copyright when he turned photos into screen print images? A hand traced copy of a feature produced from a photograph may well be sufficiently distinct to not be considered a derived work. Any copyright lawyers in the house?
Gary On Mon, 2011-05-02 at 17:30 +1000, Ben Kelley wrote: > I'm not sure the source tag is enouh to identify a derived work. > > If person A adds a way by tracing (for example) Nearmap data which gets > rendered as a map, and person B adds a nearby street based on what they saw > on the map plus what they know of the area (source=local_knowledge), all are > derived from the original edit. (esp in the context of cc-by-sa) > > Removing everything with source=nearmap doesn't solve this. > > - Ben Kelley > > Sent from my HTC > > -----Original Message----- > From: David Murn <[email protected]> > Sent: Monday, 2 May 2011 10:17 > To: Andrew Gregory <[email protected]> > Cc: OSM Australian Talk List <[email protected]> > Subject: Re: [talk-au] How many NearMap users do you think have accepted the > new CTs and ODbL? > > On Sun, 2011-05-01 at 23:18 +0800, Andrew Gregory wrote: > > > > In any case, I expect that when it comes time to actually apply the > > new license, any source=nearmap data will disappear leaving behind all > > my re-licensable data. > > That is what one would hope, but no-one has been able to give a straight > answer. The problem with this, is how many source= tags do they have to > check for and remove? The problem isnt specific to nearmap, it is a > general problem for all data derived from sources using differing > licences (for example, ABS, yahoo or data.gov.au, just in Australia). > It is easier to simply remove every edit from a user than for them to > automate the process of figuring out what was sourced from where. > > > _______________________________________________ > Talk-au mailing list > [email protected] > http://lists.openstreetmap.org/listinfo/talk-au _______________________________________________ Talk-au mailing list [email protected] http://lists.openstreetmap.org/listinfo/talk-au
