On 08/05/2010 08:20 PM, Anthony wrote:

I don't think so.  Ways contain geographical data, but they're more
than *just* geographical data.

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 a database or as an image encoding. You don't get
synchronization rights on source code.

Not sure what you're getting at.

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 feels best represents the way.  It may not
be expression in the sense of expressionist art, because the work is
grounded in an attempt to reflect reality, but a work need not be
expressionist to be eligible for copyright.

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 law.

Only because copyright law explicitly treats them differently.

In any case, I'm not arguing with you that the copyright on an image
is different from the copyright on a vector description of that image.
  I'm just saying that both are copyrighted.

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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