CC-BY aerials - good or bad?

Some people argue against using CC-BY aerials for mapping. I do not see why that should be of any concern. In the EU aerials are given the same protection as photographs made by e.g. passport photo machines. Commentary to EU court of justice opinions do not even give them database protection (see note 1). Sounds reasonably to me: What would be the use of protection, the pixel at coordinates x,y has colour rgb(x,y,z)?

Contrary, the abstraction is given high value: i.e. to recognise a building, the kind of being a church, a carport, &c. from the pixel mesh. That is what turns a database/map into a copyrightable subject - something that OSM users do a lot, and using CC-BY aerials.

Should that all be reverted? I am talking about lots of edits.

note 1)

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