Am 08.01.2016 um 17:08 schrieb Tom Lee: > Google indexing a site, and your use of that index to find the site, > does not taint the interaction between you and that site. If I > trespass on private property on my way to buy groceries, the property > owner might have a claim against me. But it is unlikely that they have > any claim on my newly-purchased groceries. Nobody was claiming that to start with. > > In this case, there are additional factors in our favor: the > information being retrieved doesn't seem to be collected > systematically; it's factual information about the world; and it's > being collected from unstructured sources. > Ahemm that was the whole point: is it about completing information (the website URL) in OSM by systematically (as in going through "all schools" in the UK) querying google and not about retrieving information from the website returned in the query.
I can't see any fundamental difference between the above and say getting a phone book and extracting all the phone numbers of schools from it (and again I would point out that calling the school in question is not the topic). > I don't want to pretend there is no tension here--indeed, I think > there's a very real tension between the idea of database rights and > the necessity of making facts unencumbered by IP. And it is > conceivable to me that some corner of the Google TOS implies a right > to restrict this kind of user activity. It's common for such tensions > to exist without resolution until they are brought before a judge. > > But the idea that facts indexed by Google could be tainted is a > stretch. It's not something they've tried to claim, it would be a > tenuous legal argument, and it doesn't make much sense. I think this > is a case where practical judgment must outweigh theoretical concerns. They have at least historically made noises about 3rd parties (aka MS) using their search results. Simon
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