When maps are built upon earlier maps, it is inevitable that information about the terrain that has been captured in the earlier maps will be reproduced and incorporated into the later, more up-to-date maps.
This information becomes integrated into the map maker's maps, and subsequent updates of those maps, and it would only be fair to restrain them from doing using such information if specific contractual covenants had been included in their agreement with the licensor.
Where the heart of a dispute involves the continued unauthorised use of factual information or data.
copyright infringement actions should not be relied upon as a substitute for enforcing voluntarily assumed legal obligations that have already been carefully worked out, and mutually consented to, before the dispute between the parties arose.