Martin wrote: > The terms and conditions apply to who uses the Google service,
Do they actually ? If their terms would state that you owe Google one dollar for each picture, would that hold in court ? In what way the current terms are different from asking money.... Any pay site makes you pay before access, just because of the ambiguity of contracting IP-numbers. For a contract to be valid the 2 parties need to agree, that means that at least a "click" "I agree" is needed, backed up by a traceable link to an individual. For the rest I agree with your interpretation of getting content out of the pictures is not the same as copying. Gert -----Oorspronkelijk bericht----- Van: Martin Koppenhoefer [mailto:[email protected]] Verzonden: Monday, November 05, 2012 11:20 AM Aan: Robin Paulson CC: OSM Talk Onderwerp: Re: [OSM-talk] Data copied from Google Maps 2012/11/5 Robin Paulson <[email protected]>: > let's say there are 100,000 people involved in OSM. each copies one > name from google (so, not in her/his eyes a mass download). the OSM > database then contains 100,000 pieces of data which are sourced from > google. this then does constitute a mass access of data, and is > definitely outside their terms and conditions. I am not sure it is. The terms and conditions apply to who uses the Google service, which in your example are the single mappers. If each of these uses the service to get one name I doubt that this is a breach of the ToS. It would be different if the OSMF encouraged or coordinated the single mappers, I agree. IMHO if you choose from a huge pile of non-artistic photographs some single objects depicted and then write about them, you are copying nothing, for sure you are not copying the photograph. "write about it" would be applicable also to someone making a drawing of stuff he selected and where he put descriptive tags on contained elements he selects. You are not copying Google's photographs, you are not tracing their photographs, you are not "copying" from them IMHO. > and by the way, whoever it was using the phrase "memory aid" does not > change what is happening. it is copying data whatever linguistic > gymnastics you go through to try and justify it, and is thus not ok. > as someone else said, you want the data, go collect it. It is not "copying" data, because it is the mapper who creates the _data_ by his own interpretation and selection of things that are - besides an infinite amount of other things - contained in a gigantic series of photographs. If you read ten books about something and then write about your own thoughts and conclusions from your reading, using your own words, are you copying the books? Is it possible to forbid this? I doubt it. cheers, Martin _______________________________________________ talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/talk _______________________________________________ talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/talk
