Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Paul Johnson
On Tue, 2009-08-25 at 12:18 +0200, Joel wrote:
> They do hold the rights to the location of the POIs when based on
> Google maps.   but not the information embedded in the POI.
> i think that if the POIs were placed on Yahoo's photos it would be
> legal (seeing as they gave permission to trace photos)

One thing to consider:  Just because we can use their satellite imagery
doesn't mean we have rights to their other imagery...



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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Richard Fairhurst

Gustav Foseid wrote:
> That is, however, something different from clearly stating "It isn't
> legal,
> because the locations are derived from Google Maps".

You're right. Brevity never really sits well with geodata copyright. :(

cheers
Richard
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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Gustav Foseid
On Tue, Aug 25, 2009 at 12:35 PM, Richard Fairhurst wrote:

>  (Frankly - slight rant alert - I think it's really reprehensible that
> Google
> doesn't pull its finger out and just apply one of its tame lawyers for a
> day
> or two to settling this once and for all. We are now in the ridiculous
> situation where Ed writes "Google is not in a position to allow people to
> capture base data such as street networks", even with relation to satellite
> imagery, yet Google appears to allow Wikimapia to blithely sail along
> capturing exactly that into its own proprietarily-licensed dataset.


I could not agree more. It does not help that the terms vary slightly
between the different translations. With a whiter than white approach
(moving more and more towards whiter than even the lightest shade of grey, I
think), this is not something we want to live with for our data.

That is, however, something different from clearly stating "It isn't legal,
because the locations are derived from Google Maps".

 - Gustav
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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Richard Fairhurst

Gustav Foseid wrote:
> This is basically a mashup based on Google Maps. I was unaware that Google
> have claimed any rights over POIs added in such mashups (Google My Maps or
> other sites). Could you provide some more details?

Getting any information out of Google as to what they do claim, and what
they don't, appears to be impossible. The Ts & Cs are carefully phrased in
ambiguous lawyerese, and the various utterances of their public spokespeople
(Ed Parsons, Pamela Fox et al) in blogs and forums are inconclusive and
occasionally conflicting.

(Frankly - slight rant alert - I think it's really reprehensible that Google
doesn't pull its finger out and just apply one of its tame lawyers for a day
or two to settling this once and for all. We are now in the ridiculous
situation where Ed writes "Google is not in a position to allow people to
capture base data such as street networks", even with relation to satellite
imagery, yet Google appears to allow Wikimapia to blithely sail along
capturing exactly that into its own proprietarily-licensed dataset.

Google should remember that, as a wise man once said, with great power comes
great responsibility etc. Instead, they seem to prefer that everything
exists in a curious state of limbo where your dataset only exists as long as
Google permits it.)

But away from all this, OSM's standard position, for better or for worse, is
that deriving any data by reference to already-existing cartography is
potentially an infringement. So since we want to create a whiter-than-white
map, we don't use it.

cheers
Richard
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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Gustav Foseid
On Tue, Aug 25, 2009 at 12:18 PM, Joel  wrote:

> They do hold the rights to the location of the POIs when based on Google
> maps.
>

I have tried to find something in their terms that verifies this, but have
not found anything. Could you please be a bit more specific?

Even if the use case is slightly different, see this post by Ed Parsons (and
the comments):
http://www.edparsons.com/2008/10/who-map-is-it-anyway/


 - Gustav
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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Joel
They do hold the rights to the location of the POIs when based on Google
maps.   but not the information embedded in the POI.
i think that if the POIs were placed on Yahoo's photos it would be legal
(seeing as they gave permission to trace photos)

On Tue, Aug 25, 2009 at 11:56 AM, Gustav Foseid  wrote:

>  On Tue, Aug 25, 2009 at 11:27 AM, Richard Fairhurst  > wrote:
>
>> It isn't legal, because the locations are derived from Google Maps.
>>
>
> This is basically a mashup based on Google Maps. I was unaware that Google
> have claimed any rights over POIs added in such mashups (Google My Maps or
> other sites). Could you provide some more details?
>
> - Gustav
>
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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Gustav Foseid
On Tue, Aug 25, 2009 at 11:27 AM, Richard Fairhurst wrote:

> It isn't legal, because the locations are derived from Google Maps.
>

This is basically a mashup based on Google Maps. I was unaware that Google
have claimed any rights over POIs added in such mashups (Google My Maps or
other sites). Could you provide some more details?

- Gustav
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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Joel
Thanks for the info!
to bad though, would have been a nice addition.

On Tue, Aug 25, 2009 at 11:27 AM, Richard Fairhurst wrote:

>
> Joel wrote:
> > In the 2nd message on this page you'll read "With regards to intellectual
> > property, Wiktude.me will be implemented under a Creative Commons
> > Attribution-Sharealike 3.0 Unported License."
> > Could anyone give an answer wether it is legal to import POI
> > location+information from Wikitude.me ?
>
> It isn't legal, because the locations are derived from Google Maps.
>
> Just because they _say_ they're licensed as CC-BY-SA doesn't mean they
> actually have the right to release said content under that licence.
>
> cheers
> Richard
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> Nabble.com.
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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Richard Fairhurst

Joel wrote:
> In the 2nd message on this page you'll read "With regards to intellectual
> property, Wiktude.me will be implemented under a Creative Commons
> Attribution-Sharealike 3.0 Unported License."
> Could anyone give an answer wether it is legal to import POI
> location+information from Wikitude.me ?

It isn't legal, because the locations are derived from Google Maps.

Just because they _say_ they're licensed as CC-BY-SA doesn't mean they
actually have the right to release said content under that licence.

cheers
Richard
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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread Joel
I'm not sure how to do that, but i'll try to figure it out if importing this
data is legal.
I've also managed to get some POI data in GPX format, how do i go about
importing that?  i tried JOSM, but couldnt figure it out.  (sorry for being
off-topic)

On Tue, Aug 25, 2009 at 9:20 AM, John Smith  wrote:

> --- On Tue, 25/8/09, Joel  wrote:
>
> > that's something i would check
> > yeah.  but how much i would check depends on the ammount of
> > POI's :P   if there are 10, checking every single
> > one would be a bit time consuming.
>
> I didn't mean manually, you'd use a query to find out if there were any
> similar/identical POIs within .5km of lat,lon. No matches you'd import
> automatically, if there was a match you'd throw that POI into a manual check
> queue.
>
>
>
>
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Re: [OSM-legal-talk] wikitude content

2009-08-25 Thread John Smith
--- On Tue, 25/8/09, Joel  wrote:

> that's something i would check
> yeah.  but how much i would check depends on the ammount of
> POI's :P   if there are 10, checking every single
> one would be a bit time consuming.

I didn't mean manually, you'd use a query to find out if there were any 
similar/identical POIs within .5km of lat,lon. No matches you'd import 
automatically, if there was a match you'd throw that POI into a manual check 
queue.


  

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