Our Editor's comment about not being able to copyright facts seems a USA issue; the idea seems to me a legal fiction because there are many ways to embody a fact. Consider a map: it is a mapping to paper of a physical layout, and there are a number of known and popular projections when mapping the surface of a planet to flat paper.
I'm unsure about other jurisdictions but, in the UK, Copyright in an original work requires expenditure of more than a trivial degree of independent skill, labour and judgement. In the case preparing the maps for OSM, it's arguable that the skill required in operating the GPS device and converting its recorded information, the labour in travelling the journeys required to make the survey, and the judgement in editing the map data before upload would ensure that the embodiment of information justifies protection by copyright. Does the Berne Convention not mean that these criteria apply internationally?
I believe that copyright subsists in the OSM data. There will further be a database right in EU. Is there an assignment of copyright when you upload map data? If not, that's a slipup. But the real issue is that OSM may take on GIS providers whose datasets are extremely expensive. That will require some clear thinking about how to ensure that the community retains access to their mapping.