On 08/07/2020 10.32, Matthew Woehlke wrote:
On 08/07/2020 10.21, Chris Hill wrote:
Google's Terms of Use prevent us reusing their Streetview in OSM, see
section 2d.
"Apart from any license granted to you by Google, your use of the
content may be acceptable under principles of 'fair use.' Fair use is a
concept under copyright law in the U.S. that, generally speaking,
permits you to use a copyrighted work in certain ways without obtaining
a license from the copyright holder."
This smells a lot like how Red Hat prevents people from cloning them.
Namely, they can't, because they don't have a legal leg to stand on as
far as enforcing copyright claims against anyone doing so. What they
*can* do is revoke the rights to use *their* services.
So, okay, I can see an argument that "copying" makes your use of Google
maps unauthorized. I still can't see an argument where Google could come
after OSM.
Moreover, it would be interesting to see a court weigh in on 2b vs. 2d,
and what exactly constitutes "use". If I look at *content* in Google
Maps, and then copy that *content* as permitted by 2b, am I "using" Maps
in a way that 2d prohibits?
It seems pretty clear that if I were to use the Maps *software* to
create e.g. shapefiles that I then imported into OSM, that would violate
2d. It's much less clear that merely using Maps to cross-check *facts*
would fall under 2d rather than 2b.
--
Matthew
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