On 5 nov. 2012, at 23:39, Cartinus <carti...@xs4all.nl> wrote: > Copyright has absolutely nothing to do with this at all. All arguments > people use in this this discussion in relation to copyright are just a > smokescreen to try to get their way. > > When viewing Google StreetView you are using a service from Google. The > rules in relation to that, are the rules for business transactions, not > those of copyright. > > Just like Openstreetmap has rules that say you are not allowed to scrape > tiles from our tileserver, Google has rules that say when you are > allowed to use their services.
Yes and they say I'm not allowed to copy all or parts of the provided material (images,...) and also that I can't make derivative work. When I interpret what I can see in Street View photos and write it down I'm doing neither of these ! > > > > On 11/05/2012 11:25 PM, Vladimir Vyskocil wrote: >> Hi, >> >> According to : http://en.wikipedia.org/wiki/Derivative_work >> >> "In United States copyright law, a derivative work is an expressive creation >> that includes major, copyright-protected elements of an original, previously >> created first work (theunderlying work)." >> >> Obviously looking at google street view images and noting some facts we can >> see in them like street names,... can't be seen as derivative work. >> >> And : >> >> " >> When does derivative-work copyright exist? >> For copyright protection to attach to a later, allegedly derivative work, it >> must display some originality of its own. It cannot be a rote, uncreative >> variation on the earlier, underlying work. The latter work must contain >> sufficient new expression, over and above that embodied in the earlier work >> for the latter work to satisfy copyright law’s requirement of originality. >> " >> >> It's clear that Google's photos in street view have no originality at all, >> they are just facts. Using some information everybody can see in those >> images isn't a creative process either. >> >> In the light of those definitions of derivative work, I can't understand how >> one might see a infringement of google terms of use when OSM contributors >> look at Google Street View photos to verify some facts (street names, signs, >> ...) >> >> Regards, >> Vlad. >> >> Le 5 nov. 2012 à 16:42, Frederik Ramm <frede...@remote.org> a écrit : >> >>> Hi, >>> >>> I haven't read this thread in full but it has come to my attention that >>> people in this thread have argued that it would be acceptable to use Google >>> StreetView pictures when mapping. >>> >>> It is not. >>> >>> The legal situation may be debatable and indeed differ from country to >>> country but Google's terms of use do not permit making derivative works of >>> their imagery and distributing them. >>> >>> As a project, our general approach to any situation where something was not >>> totally clear legally has always been to err on the side of caution. If >>> someone says that we cannot use this data then we won't, even if there are >>> people who say that it might still be legal to do so. >>> >>> So don't use Google Street View for mapping unless you have explicit >>> permission from Google to do so. >>> >>> Bye >>> Frederik >>> >>> -- >>> Frederik Ramm ## eMail frede...@remote.org ## N49°00'09" E008°23'33" >>> >>> _______________________________________________ >>> talk mailing list >>> talk@openstreetmap.org >>> http://lists.openstreetmap.org/listinfo/talk >> >> >> >> _______________________________________________ >> talk mailing list >> talk@openstreetmap.org >> http://lists.openstreetmap.org/listinfo/talk >> > > -- > --- > m.v.g., > Cartinus > > _______________________________________________ > talk mailing list > talk@openstreetmap.org > http://lists.openstreetmap.org/listinfo/talk _______________________________________________ talk mailing list talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk
