Right, but I am not sure how a POI database has any sense of copyright-ability. Feist v. Rural states that a collection has to have a minimal requirement of creativity.
Foursquare and its venue classifications are probably can be argued for, but strict POIs are probably not.
All in all, I have to say thank you to SimpleGeo though. This is a huge step in the right direction.
(see http://en.wikipedia.org/wiki/Feist_v._Rural)