[R-sig-Geo] Question about derivative work - what is the license for map derived using e.g. spatial "predict" function?

[Tomislav Hengl]

Dear list,

I have a question about licensing the data that is produced by spatial 
prediction from point data. My ideas is that a map produced by using 
e.g. geostatistics from point data is a new data product and as such 
does not falls under the regulations of the original license used for 
the point data (so if the license for the point data is restrictive, the 
license for the output maps does not have to respect this). Consider for 
example:

R> library(gstat)
R> library(sp)
R> demo(meuse, echo=FALSE)
R> m <- vgm(.59, "Sph", 874, .04)
R> x <- krige(log(zinc)~1, meuse, meuse.grid, model = m)

The produced map "x" can be considered a new data product. There is 
absolutely no way that one could reproduce the original input points 
from this map, hence it should be considered "a non-derivative work". 
Only if we would derive a map using interpolation technique that allows 
re-constructions of points (e.g. Thiessen polygons) the license would 
need to be respected.

Or am I mistaken? (I know this is a type of a question for lawyers in 
fact, but any experience / opinion you have is welcome)

http://www.publicdomainsherpa.com/derivative-work.html

"To qualify as a derivative work, the derivative must use a substantial 
amount of the prior work’s expression. How much? Enough so that the 
average person would conclude that it had been based on or adapted from 
the prior work"

thank you,

-- 
T. (Tom) Hengl
Researcher @ ISRIC - World Soil Information
Url: http://www.wageningenur.nl/en/Persons/dr.-T-Tom-Hengl.htm
Network: http://profiles.google.com/tom.hengl
Publications: http://scholar.google.com/citations?user=2oYU7S8AAAAJ