Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Simon Poole
@Pieren Well that is exactly the point: we should hold ourselves to a
higher standard than other organisations.

@Martin It is undoubtedly so that the information in question is -not-
simply available for use. You need to invest the time and effort to
actually go out and collect it. Google has done so and that we should
respect, regardless of legalities*.

Simon

* depending on jurisdiction this could go far further that copyright,
database and contract law, for example unfair competition legislation
and so on.

Am 08.04.2014 10:23, schrieb Pieren:
 On Mon, Apr 7, 2014 at 7:57 PM, Simon Poole si...@poole.ch wrote:
 
 do we really want to use data collected
 by somebody that doesn't want us to do so?
 
 Asking this question about Google is more than a little ironic ...
 
 Pieren
 
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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Martin Koppenhoefer
2014-04-08 10:39 GMT+02:00 Simon Poole si...@poole.ch:

 @Martin It is undoubtedly so that the information in question is -not-
 simply available for use. You need to invest the time and effort to
 actually go out and collect it. Google has done so and that we should
 respect, regardless of legalities*.



I am aware of this, but you have put ethics into play. If someone
developped a system to analyze and store the DNA information of another
person (or of an animal, plant), should they be able to become the
proprietor of this information and forbid others to use it or ask license
fees? Collecting information about the world, nature, the universe ,etc.
(regardless how great the effort is) does not automatically make you the
exclusive owner of this information. Now in some jurisdictions it is
actually possible to put patents and the like on stuff that is basically
derived from nature, but it doesn't seem very ethical, at least not to me.

To make it clear, I am not advocating to use Google StreetView to derive
information for OSM, I agree that we cannot allow to do so, because we want
to have a dataset that is globally usable in every jurisdiction for any
use, I was simply replying to the ethical argument that you have raised.

cheers,
Martin
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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Simon Poole


Am 08.04.2014 10:55, schrieb Martin Koppenhoefer:
 
 2014-04-08 10:39 GMT+02:00 Simon Poole si...@poole.ch
 mailto:si...@poole.ch:
 
 @Martin It is undoubtedly so that the information in question is -not-
 simply available for use. You need to invest the time and effort to
 actually go out and collect it. Google has done so and that we should
 respect, regardless of legalities*.
 
 
 
 I am aware of this, but you have put ethics into play. If someone
 developped a system to analyze and store the DNA information of another
 person (or of an animal, plant), should they be able to become the
 proprietor of this information and forbid others to use it or ask
 license fees? Collecting information about the world, nature, the
 universe ,etc. (regardless how great the effort is) does not
 automatically make you the exclusive owner of this information. 

That is a completely different kettle of fish and a very different
discussion. I am not aware of google or any of the other relevant
companies or body (with the exception of some states and some national
monopoly organisations) claiming exclusivity on such collections. With
other words we are free to go out and replicate their effort, which in
the end, is what OSM is all about.

Yes, there is some concern on my behalf that we may run in to some
non-copyright related IP issues at some point in time but google is
-very- unlikely to be the problem.

Simon



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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Paulo Carvalho
--

 Message: 1
 Date: Tue, 08 Apr 2014 11:19:51 +0200
 From: Simon Poole si...@poole.ch
 To: legal-talk@openstreetmap.org
 Subject: Re: [OSM-legal-talk] Using Google Street View to perform
 virtual survey
 Message-ID: 5343bf37.5030...@poole.ch
 Content-Type: text/plain; charset=iso-8859-1



 Am 08.04.2014 10:55, schrieb Martin Koppenhoefer:
 
  2014-04-08 10:39 GMT+02:00 Simon Poole si...@poole.ch
  mailto:si...@poole.ch:
 
  @Martin It is undoubtedly so that the information in question is
 -not-
  simply available for use. You need to invest the time and effort to
  actually go out and collect it. Google has done so and that we should
  respect, regardless of legalities*.
 
 
 
  I am aware of this, but you have put ethics into play. If someone
  developped a system to analyze and store the DNA information of another
  person (or of an animal, plant), should they be able to become the
  proprietor of this information and forbid others to use it or ask
  license fees? Collecting information about the world, nature, the
  universe ,etc. (regardless how great the effort is) does not
  automatically make you the exclusive owner of this information.

 That is a completely different kettle of fish and a very different
 discussion. I am not aware of google or any of the other relevant
 companies or body (with the exception of some states and some national
 monopoly organisations) claiming exclusivity on such collections. With
 other words we are free to go out and replicate their effort, which in
 the end, is what OSM is all about.

 Yes, there is some concern on my behalf that we may run in to some
 non-copyright related IP issues at some point in time but google is
 -very- unlikely to be the problem.

 Simon



Hi, Simon!

   I guess I missed something.  Can you, please, explain that?  I didn't
get the IP issues part and consequently why Google unlikely would be the
problem.  That leads to the question about who would pose problems.

regards,

Paulo
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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Simon Poole


Am 08.04.2014 16:16, schrieb Paulo Carvalho:
..
 
I guess I missed something.  Can you, please, explain that?  I didn't
 get the IP issues part and consequently why Google unlikely would be
 the problem.  That leads to the question about who would pose problems.

There is simply a possibility that we might be violating somebodies
patents. When one of the big four players or even smaller ones go belly
up in the future I expect a flurry of patent related suits just as we
have seen in the mobile space.

There is nothing we can do about this except lobby against software
patents, so really there is no reason to loose sleep over it.

Simon



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