Re: [OSM-legal-talk] Tracing from Aerial Imagery

2008-08-22 Thread Tim Waters (chippy)
a recording (over 3 youtube videos) of Ed Parsons & Mapmaker can be found here:
http://www.youtube.com/user/ikiyamaps



On 8/1/08, SteveC <[EMAIL PROTECTED]> wrote:
> Has the recording of that session been made live?
>
>
>
>  On 31 Jul 2008, at 17:14, Frederik Ramm wrote:
>
>  > Hi,
>  >
>  >this question is directed at those that were present during the
>  > questions session following Ed Parsons' talk at this year's SOTM.
>  >
>  > If I remember correctly, Ed had just explained that Google needed to
>  > buy
>  > extra "tracing licenses" for aerial imagery to be used in Map Maker,
>  > and
>  > that these licenses were more expensive than the ordinary "display
>  > licenses".
>  >
>  > Someone then said that Google Earth already has a built-in feature to
>  > trace from *any* Google imagery, and why that was allowed when Google
>  > didn't have those licenses.
>  >
>  > And in response Ed made a distinction that I had not heard in all
>  > those
>  > "aerieal imagery tracing" discussions. If I remember correctly, he
>  > said
>  > (more or less): As long as you trace something with which you have a
>  > personal relation - e.g. a bike route that you actually travelled, or
>  > the house that you live in - it's ok. It starts to become "not ok"
>  > only
>  > when you begin large-scale tracing of terrain that you have no
>  > personal
>  > relationship with.
>  >
>  > Question 1 - is that what Ed said? And question 2 - does it make
>  > sense,
>  > legally? And question 3 - so I am allowed to trace my house, and my
>  > neighbour's, and my workplace, and the bakery I visit every morning,
>  > and
>  > my birthplace, and my parent's house...?
>  >
>  > Bye
>  > Frederik
>  >
>  > --
>  > Frederik Ramm  ##  eMail [EMAIL PROTECTED]  ##  N49°00'09"
>  > E008°23'33"
>  >
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>  > http://lists.openstreetmap.org/cgi-bin/mailman/listinfo/legal-talk
>  >
>
>
> Best
>
>  Steve
>
>
>
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Re: [OSM-legal-talk] Tracing from Aerial Imagery

2008-08-22 Thread Jukka Rahkonen
Lauri Hahne <[EMAIL PROTECTED]> writes:

> 
> 2008/8/5 Gustav Foseid <[EMAIL PROTECTED]>:
> >  - In addition to protection as individual photographs, the database of the
> > photographs has database protection. The traces (KMZz) would, however, not
> > be part of the database and not be protected as a database. Even all traces
> > would not be a substantial part of a database consisting of photographs.
> 
> Sorry to resurrect such an old discussion but I only found it today.
> 
> The EU database laws protect parts of databases which are significant
> in either quantitatively (amount) or qualitatively (what it is). So
> IMHO doing some random drawings from a world-wide or national database
> of aerial images should be ok but doing a trace of a village wouldn't
> be ok as it matches the criteria of being qualitatively major part
> even if it isn't a major part of the database when measured
> quantitatively.

So the next question is if an aerial image is something more than an image. You
mean that if it is possible to interpret with bare eyes roads, lakes, buildings
etc. from an image, then image itself is a road, lake and building database? 


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Re: [OSM-legal-talk] Tracing from Aerial Imagery

2008-08-05 Thread Gustav Foseid
On Tue, Aug 5, 2008 at 11:14 PM, Liz <[EMAIL PROTECTED]> wrote:

> On Wed, 6 Aug 2008, Gustav Foseid wrote:
> > If the photographing or tracing involves creative work, something it
> > probably does not, it would all be different.
>
> Deciding which is railway, which is road and which is canal on the aerial
> photograph is intellectual work, so labelling of traces is separate work to
> photographing and tracing.


Copyright, generally, protects creative work, which is something slightly
different from intellectual work.

 - Gustav
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Re: [OSM-legal-talk] Tracing from Aerial Imagery

2008-08-05 Thread Liz
On Wed, 6 Aug 2008, Gustav Foseid wrote:
> If the photographing or tracing involves creative work, something it
> probably does not, it would all be different.

Deciding which is railway, which is road and which is canal on the aerial 
photograph is intellectual work, so labelling of traces is separate work to 
photographing and tracing.

Liz

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Re: [OSM-legal-talk] Tracing from Aerial Imagery

2008-08-04 Thread Laurence Penney
On 1 Aug 2008, at 01:14, Frederik Ramm wrote:

> Question 1 - is that what Ed said? And question 2 - does it make  
> sense,
> legally? And question 3 - so I am allowed to trace my house, and my
> neighbour's, and my workplace, and the bakery I visit every morning,  
> and
> my birthplace, and my parent's house...?

I think you remember it accurately. And I think you could publish all  
those things without a problem.

It reminds me of similar discussions about UK postcodes and OSGB  
TOIDs: you can publish a small set of them relating to data you  
publish for your own arbitrary purposes. However attempts to integrate  
multiple individual projects into, for example, some kind of UK  
postcode lookup, or a "FreeStreepMap" project based on spidering and  
integrating thousands of KMZs, would breach terms. It's not so much  
"derived data" that's the problem (as small amounts are ok), but  
"derived utility".

So going back to your various publishable tracings, it would be the  
intent to integrate the tracings of a whole community that would be  
problematic. No, not very satisfactory in terms of mathematical logic,  
but does anybody want a legal system that's as hackable as Internet  
Explorer?

- L



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Re: [OSM-legal-talk] Tracing from Aerial Imagery

2008-08-01 Thread Martijn van Exel
> Hi,
>
> Question 1 - is that what Ed said?

I believe that is in fact what he has said. It surprised me, because  
it leaves a lot of room for debate, and thats why...

> And question 2 - does it make sense,
> legally?

...I think this could be dangerous waters in a legal sense. I have  
been living in Amsterdam for 18 years, so you could argue that at  
least all the neighborhoods I've lived in, shopped in, visited close  
friends in and went to school in on a regular basis will be very  
familiar to me - which they actually are. This comprises roughly half  
of the city for which I'd for example know any street name just  
looking at an aerial photograph or a blind map. I use this knowledge  
on a day-to-day basis when OpenStreetMapping[1] - but how would this  
be acknowledged in the license Google supposedly has with their aerial  
imagery suppliers?

[1] Of course, for anything I add or modify, I'll have the traces to  
back up that I've been there.

> And question 3 - so I am allowed to trace my house, and my
> neighbour's, and my workplace, and the bakery I visit every morning,  
> and
> my birthplace, and my parent's house...?

This remains a question for me as well.



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Re: [OSM-legal-talk] Tracing from Aerial Imagery

2008-07-31 Thread SteveC
Has the recording of that session been made live?


On 31 Jul 2008, at 17:14, Frederik Ramm wrote:

> Hi,
>
>this question is directed at those that were present during the
> questions session following Ed Parsons' talk at this year's SOTM.
>
> If I remember correctly, Ed had just explained that Google needed to  
> buy
> extra "tracing licenses" for aerial imagery to be used in Map Maker,  
> and
> that these licenses were more expensive than the ordinary "display
> licenses".
>
> Someone then said that Google Earth already has a built-in feature to
> trace from *any* Google imagery, and why that was allowed when Google
> didn't have those licenses.
>
> And in response Ed made a distinction that I had not heard in all  
> those
> "aerieal imagery tracing" discussions. If I remember correctly, he  
> said
> (more or less): As long as you trace something with which you have a
> personal relation - e.g. a bike route that you actually travelled, or
> the house that you live in - it's ok. It starts to become "not ok"  
> only
> when you begin large-scale tracing of terrain that you have no  
> personal
> relationship with.
>
> Question 1 - is that what Ed said? And question 2 - does it make  
> sense,
> legally? And question 3 - so I am allowed to trace my house, and my
> neighbour's, and my workplace, and the bakery I visit every morning,  
> and
> my birthplace, and my parent's house...?
>
> Bye
> Frederik
>
> -- 
> Frederik Ramm  ##  eMail [EMAIL PROTECTED]  ##  N49°00'09"  
> E008°23'33"
>
> ___
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> legal-talk@openstreetmap.org
> http://lists.openstreetmap.org/cgi-bin/mailman/listinfo/legal-talk
>

Best

Steve


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