Say you start out with a tainted way that you're improving to better
match imagery (and are not dealing with license change implications,
only with improving the map data). You split it near an end, delete the
longer part, and redraw the entire way from scratch. The tags and
relation memberships of the original way remain but none of the nodes do
(except possibly intersections with other ways).
The problem here is that, depending on which end you split it at and
which portion you delete, the redrawn way has a one-half probability of
being a new way and a one-half probability of having the same ID as the
old way (in JOSM and Potlatch; other editors may differ).
These two cases are clearly legally identical (hence this does not
belong on legal-talk). But they give the opposite result in any existing
license status tool.
So what's the deal? Will the OSMF be digging deep into the history and
finding any way that's been split from a tainted way (in which case the
number of tainted ways is vastly underreported)? Will the OSMF take the
easy way out and accept these ways as untainted if and only if they were
lucky enough to come from the correct half? Or will all such ways be
accepted if all nodes are clean?
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