stone age nine and the second declaration of lansdowne page one hundred of the excerpts of record your honor there is and all of you  there is a list lines represent geographic features in the world the existence of those geographic features is not a copyrightable thing so what is it that is so unusual about  lines that represent that that would take them protective off that's the crux of the matter you're right in that matter it's not that the representation on the map maps commonly used for the expression of the location of a road a black line of a loop be used for the expression of a unimproved road at dash line and they used for the expression of a trail i thought it line what is your client that is expressed or added some kind of a complement or a feature that is not itself copied from a map it is in the question is there all the same but there depicted with the solid black line so what is your client added when it when she uses the solid black line her lines are not the her trails are not the same that's apparent from her declaration she wrote these men she was a single mother with a child she was forty and sagat or they wrote these mags they selected summarized abstract compiled but maybe i'm not making my question clear where she she picks a room with either a solid line which i assume means a paved road with a double line those are common cartographer symbols and i don't see what your client has added by the way of selecting that particular style that makes this map of those trails are two tracks some of those trails are single track and some of those trails were in existence for modern existence or being developed by the use of other hikers and bikers so the the actual half of the road or the trail so that it is not quite as accurate as depicted in the u s g s your honor not to be less accurate but should be more informative here's the point if you take a u s g s map and i say you go live and do ok i'm with you if you're going to have trouble you're not going to know where custer city loop is you're not going to know when you come to a fork in the path which is the trail for you if that trail begins to peter out you're lose confidence and maybe turn around except what she has done for you it's provided that they have it started with the depiction of a arrows i'm looking for example at the one his ruling to be i don't see evidence of copying is that the same thing of your client's nafs right in the preparation of hands and i think the judge's order is a conclusion that he's taking the final product was published because it's good there isn't published the photocopies didn't hurt published a new product and a question being asked for an answer the district court i thought was putting these two side by side is one a copy of the other side as a matter of law no it's not so you can i think it's for infringement that's not the same as saying lives are copying photocopying used as a resource presume is the road coming out of hailey really adventurous math and those two roads don't appear to me to be the same even on a different scale i'm back to my coffee concern that my brother jeff but didn't do such a good job of articulating better than i my my question where's the coffee your honor in my opinion the right of all the plaintiffs damps in some cases were even accurate with respect to the physical world and rather than cope with the facts of the world in some cases your if there is copying and there are some things that are similar where roads cross or the two of them are depicted as intersecting when really there are still a bit or a road crosses another road fifty feet away from a stream  he changed because he decided what was depicted in the adventures book that wasn't right so he was going to fix it because there's no affirmative reason i can understand for a guidebook to want to show something an accurate and that's why i think the an accuracy is just perfect because it suggests that rather than you still have to have a side by side comparison an interesting larry by if the standard is whether the maps are substantially similar isn't that by definition a jury if you do that preclude it the fact that the parts that were left out were at the identical parts unless it was not every other thing but it was you know at least here in leeds there and i think i think one way to look at this massing is and i guess when i think of some of these mass i think if you want to draw a map of around here you want to be able to take the blank sheet of paper and add the features that you needed in the future if you would  have been if doing a work for hire in other words she simply being paid as part of her job to produce copyrighted material for her employer why wouldn't that be the games well she was mean and contractor and the definitional definition of a work for hire is it's not someone who's just paid to do some work is there some specific definitions of the type of work that qualifies for work for hire and she is an independent contractor and think you got that issue of this properly before me and even possibly properly before you well he didn't reach it because he found no one's friends with so there was no need to decide whether or not there was a co but does that mean that the defendant is precluded from raising that issue on appeal as long as it was raised below even though the district court didn't pass  the age is a rather small declaration this is his own language