Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Simon Poole
@Pieren Well that is exactly the point: we should hold ourselves to a
higher standard than other organisations.

@Martin It is undoubtedly so that the information in question is -not-
simply available for use. You need to invest the time and effort to
actually go out and collect it. Google has done so and that we should
respect, regardless of legalities*.

Simon

* depending on jurisdiction this could go far further that copyright,
database and contract law, for example unfair competition legislation
and so on.

Am 08.04.2014 10:23, schrieb Pieren:
 On Mon, Apr 7, 2014 at 7:57 PM, Simon Poole si...@poole.ch wrote:
 
 do we really want to use data collected
 by somebody that doesn't want us to do so?
 
 Asking this question about Google is more than a little ironic ...
 
 Pieren
 
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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Martin Koppenhoefer
2014-04-08 10:39 GMT+02:00 Simon Poole si...@poole.ch:

 @Martin It is undoubtedly so that the information in question is -not-
 simply available for use. You need to invest the time and effort to
 actually go out and collect it. Google has done so and that we should
 respect, regardless of legalities*.



I am aware of this, but you have put ethics into play. If someone
developped a system to analyze and store the DNA information of another
person (or of an animal, plant), should they be able to become the
proprietor of this information and forbid others to use it or ask license
fees? Collecting information about the world, nature, the universe ,etc.
(regardless how great the effort is) does not automatically make you the
exclusive owner of this information. Now in some jurisdictions it is
actually possible to put patents and the like on stuff that is basically
derived from nature, but it doesn't seem very ethical, at least not to me.

To make it clear, I am not advocating to use Google StreetView to derive
information for OSM, I agree that we cannot allow to do so, because we want
to have a dataset that is globally usable in every jurisdiction for any
use, I was simply replying to the ethical argument that you have raised.

cheers,
Martin
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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Simon Poole


Am 08.04.2014 10:55, schrieb Martin Koppenhoefer:
 
 2014-04-08 10:39 GMT+02:00 Simon Poole si...@poole.ch
 mailto:si...@poole.ch:
 
 @Martin It is undoubtedly so that the information in question is -not-
 simply available for use. You need to invest the time and effort to
 actually go out and collect it. Google has done so and that we should
 respect, regardless of legalities*.
 
 
 
 I am aware of this, but you have put ethics into play. If someone
 developped a system to analyze and store the DNA information of another
 person (or of an animal, plant), should they be able to become the
 proprietor of this information and forbid others to use it or ask
 license fees? Collecting information about the world, nature, the
 universe ,etc. (regardless how great the effort is) does not
 automatically make you the exclusive owner of this information. 

That is a completely different kettle of fish and a very different
discussion. I am not aware of google or any of the other relevant
companies or body (with the exception of some states and some national
monopoly organisations) claiming exclusivity on such collections. With
other words we are free to go out and replicate their effort, which in
the end, is what OSM is all about.

Yes, there is some concern on my behalf that we may run in to some
non-copyright related IP issues at some point in time but google is
-very- unlikely to be the problem.

Simon



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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Paulo Carvalho
--

 Message: 1
 Date: Tue, 08 Apr 2014 11:19:51 +0200
 From: Simon Poole si...@poole.ch
 To: legal-talk@openstreetmap.org
 Subject: Re: [OSM-legal-talk] Using Google Street View to perform
 virtual survey
 Message-ID: 5343bf37.5030...@poole.ch
 Content-Type: text/plain; charset=iso-8859-1



 Am 08.04.2014 10:55, schrieb Martin Koppenhoefer:
 
  2014-04-08 10:39 GMT+02:00 Simon Poole si...@poole.ch
  mailto:si...@poole.ch:
 
  @Martin It is undoubtedly so that the information in question is
 -not-
  simply available for use. You need to invest the time and effort to
  actually go out and collect it. Google has done so and that we should
  respect, regardless of legalities*.
 
 
 
  I am aware of this, but you have put ethics into play. If someone
  developped a system to analyze and store the DNA information of another
  person (or of an animal, plant), should they be able to become the
  proprietor of this information and forbid others to use it or ask
  license fees? Collecting information about the world, nature, the
  universe ,etc. (regardless how great the effort is) does not
  automatically make you the exclusive owner of this information.

 That is a completely different kettle of fish and a very different
 discussion. I am not aware of google or any of the other relevant
 companies or body (with the exception of some states and some national
 monopoly organisations) claiming exclusivity on such collections. With
 other words we are free to go out and replicate their effort, which in
 the end, is what OSM is all about.

 Yes, there is some concern on my behalf that we may run in to some
 non-copyright related IP issues at some point in time but google is
 -very- unlikely to be the problem.

 Simon



Hi, Simon!

   I guess I missed something.  Can you, please, explain that?  I didn't
get the IP issues part and consequently why Google unlikely would be the
problem.  That leads to the question about who would pose problems.

regards,

Paulo
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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-08 Thread Simon Poole


Am 08.04.2014 16:16, schrieb Paulo Carvalho:
..
 
I guess I missed something.  Can you, please, explain that?  I didn't
 get the IP issues part and consequently why Google unlikely would be
 the problem.  That leads to the question about who would pose problems.

There is simply a possibility that we might be violating somebodies
patents. When one of the big four players or even smaller ones go belly
up in the future I expect a flurry of patent related suits just as we
have seen in the mobile space.

There is nothing we can do about this except lobby against software
patents, so really there is no reason to loose sleep over it.

Simon



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[OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-07 Thread Paulo Carvalho
 Message: 3
 Date: Mon, 7 Apr 2014 02:38:07 +0200
 From: Martin Koppenhoefer dieterdre...@gmail.com
 To: Licensing and other legal discussions.
 legal-talk@openstreetmap.org
 Subject: Re: [OSM-legal-talk] Using Google Street View to perform
 virtualsurvey
 Message-ID: 2c0901c2-d759-4bbe-b330-ca80303f5...@gmail.com
 Content-Type: text/plain; charset=us-ascii



  Am 07/apr/2014 um 02:24 schrieb Eugene Alvin Villar sea...@gmail.com:
 
  You can always file for a declaratory judgment:
 https://en.wikipedia.org/wiki/Declaratory_judgment


 interesting, wouldn't it be a good idea to try this for deriving facts
 from google sat or street view? On the other hand this would maybe not work
 out for OSMF with their seat in London? In European jurisdiction with its
 database doctrine those will probably be protected also when deriving
 uncopyrightable facts



Wikimapia also doesn't have a permission from Google to use its sat imagery
to build their maps: http://en.wikipedia.org/wiki/WikiMapia#Licensing .  An
on-going discussion in their forum was locked and several members tried to
derail the topic towards the inquirer:
http://wikimapia.org/forum/viewtopic.php?f=1t=10055start=10.  It seems
that Wikimapia has also this concern in mind.  Their usage of Google
material is rather obvious and they've been getting away with it for five
years...

regards,

Paulo
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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-07 Thread jonathan
This is obviously a legal grey area and until it ends up in court I 
suspect it will remain a grey area.


However, I feel what IS black and white is that if we were to 
officially use Google StreetView or any non-open source to build our 
data then we should expect a lawsuit from Google or any other owner of 
said service/medium/technology.  Also, we should remember that their 
legal budget will be much bigger than ours.


In my opinion, we can only have one stance and that is such services are 
not available for us to use as a source for our database.


We should, however, approach Google et al and ask them if they prohibit 
such use, I'm sure they'll say that we can't use it, but at least we'll 
know.


To use any such service without express permission risks EVERYTHING, we 
would be leaving a door open for Google et al to file against us in the 
future and OSM could just descend into a legal black hole. Google would 
love that!


We MUST be whiter than white.  The Open in OpenStreetMap is a 
responsibility as well as a right and to protect that right we must act 
responsibly.


Jonathan

http://bigfatfrog67.me

On 05/04/2014 16:50, Paulo Carvalho wrote:

Dear fellow mappers,

   Let me present myself to you.  I'm a OSM mapper from the Brazil 
community and a question rose there which caused a split in the group 
regarding Google Street View to perform virtual surveys, such as 
taking notes of house numbers and plotting them in the maps.


   After reading 
http://wiki.openstreetmap.org/wiki/Legal_FAQ#2a._Can_I_trace_data_from_Google_Maps.2FNokia_Maps.2F3F 
, I was pondering about the impossibility of copyright and licenses 
apply to facts and reality (not regarding philosophical aspects).


   Google Street View photos depict reality or facts, thus I could use 
them to observe reality and derive interpretations which would be 
genuine creative work.  It would be illegal to use the images in 
Mapillary, for instance, but the facts depicted by the images are not 
property of Google.


   Your thoughts, please

Paulo Carvalho


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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-07 Thread Michael Collinson

I think the License Working Group would echo exactly what Jonathan says.

While it does not solve the problem of being able to map where there are 
no mappers, may I also seize the opportunity to promote John McKerrell's 
excellent OpenStreetView?  It is a great under-exploited tool!


http://openstreetview.org/
http://wiki.openstreetmap.org/wiki/Openstreetview

Single photo and bulk upload works well. I am slowly adding my 
collection of 40,000+ OSM survey photos in the hope that other mappers 
will be able squeeze out even more map detail. You can choose from a 
variety of licenses for the actual photo, but the photo metadata is CC0.


Mike


On 07/04/2014 17:16, jonathan wrote:
This is obviously a legal grey area and until it ends up in court I 
suspect it will remain a grey area.


However, I feel what IS black and white is that if we were to 
officially use Google StreetView or any non-open source to build our 
data then we should expect a lawsuit from Google or any other owner of 
said service/medium/technology.  Also, we should remember that their 
legal budget will be much bigger than ours.


In my opinion, we can only have one stance and that is such services 
are not available for us to use as a source for our database.


We should, however, approach Google et al and ask them if they 
prohibit such use, I'm sure they'll say that we can't use it, but at 
least we'll know.


To use any such service without express permission risks EVERYTHING, 
we would be leaving a door open for Google et al to file against us in 
the future and OSM could just descend into a legal black hole. Google 
would love that!


We MUST be whiter than white.  The Open in OpenStreetMap is a 
responsibility as well as a right and to protect that right we must 
act responsibly.


Jonathan
http://bigfatfrog67.me
On 05/04/2014 16:50, Paulo Carvalho wrote:

Dear fellow mappers,

   Let me present myself to you.  I'm a OSM mapper from the Brazil 
community and a question rose there which caused a split in the group 
regarding Google Street View to perform virtual surveys, such as 
taking notes of house numbers and plotting them in the maps.


   After reading 
http://wiki.openstreetmap.org/wiki/Legal_FAQ#2a._Can_I_trace_data_from_Google_Maps.2FNokia_Maps.2F3F 
, I was pondering about the impossibility of copyright and licenses 
apply to facts and reality (not regarding philosophical aspects).


   Google Street View photos depict reality or facts, thus I could 
use them to observe reality and derive interpretations which would be 
genuine creative work.  It would be illegal to use the images in 
Mapillary, for instance, but the facts depicted by the images are not 
property of Google.


   Your thoughts, please

Paulo Carvalho


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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-07 Thread Simon Poole
Most has already been said on this topic. Just one comment on the,
superficially sane sounding, idea of getting a declaratory judgement:
forgetting the ethical side of it (do we really want to use data
collected by somebody that doesn't want us to do so?), we would need
such a judgement in -every- jurisdiction where we would want people to
freely use our data. That is so obviously balmy that i don't think it
needs further discussion.

Simon
07.04.2014 02:38, schrieb Martin Koppenhoefer:


 Am 07/apr/2014 um 02:24 schrieb Eugene Alvin Villar sea...@gmail.com
 mailto:sea...@gmail.com:

 You can always file for a declaratory judgment:
 https://en.wikipedia.org/wiki/Declaratory_judgment


 interesting, wouldn't it be a good idea to try this for deriving facts
 from google sat or street view? On the other hand this would maybe not
 work out for OSMF with their seat in London? In European jurisdiction
 with its database doctrine those will probably be protected also when
 deriving uncopyrightable facts

 cheers,
 Martin


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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-07 Thread Martin Koppenhoefer


 Am 07/apr/2014 um 19:57 schrieb Simon Poole si...@poole.ch:
 
 forgetting the ethical side of it (do we really want to use data collected by 
 somebody that doesn't want us to do so?),


from an ethical point of view you could also see it like this: as the 
information (geographic facts) in the data does not belong to them (but to 
everybody), why should they be able to put restrictions on the use? (undue 
appropriation)


 we would need such a judgement in -every- jurisdiction where we would want 
 people to freely use our data. That is so obviously balmy that i don't think 
 it needs further discussion.

+1
(sweat of the brow)

cheers,
Martin
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[OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-07 Thread Paulo Carvalho


 Message: 4
 Date: Mon, 07 Apr 2014 18:04:58 +0200
 From: Michael Collinson m...@ayeltd.biz
 To: legal-talk@openstreetmap.org
 Subject: Re: [OSM-legal-talk] Using Google Street View to perform
 virtual survey
 Message-ID: 5342ccaa.8080...@ayeltd.biz
 Content-Type: text/plain; charset=iso-8859-1; Format=flowed

 I think the License Working Group would echo exactly what Jonathan says.

 While it does not solve the problem of being able to map where there are
 no mappers, may I also seize the opportunity to promote John McKerrell's
 excellent OpenStreetView?  It is a great under-exploited tool!

 http://openstreetview.org/
 http://wiki.openstreetmap.org/wiki/Openstreetview

 Single photo and bulk upload works well. I am slowly adding my
 collection of 40,000+ OSM survey photos in the hope that other mappers
 will be able squeeze out even more map detail. You can choose from a
 variety of licenses for the actual photo, but the photo metadata is CC0.

 Mike


Someone told me OSV was not currently being develped.  Is this true?

regards,

Paulo
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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-06 Thread Eugene Alvin Villar
On Mon, Apr 7, 2014 at 8:06 AM, Martin Koppenhoefer
dieterdre...@gmail.comwrote:

  Am 06/apr/2014 um 01:24 schrieb Eugene Alvin Villar sea...@gmail.com:
 
  or if a court decision says *exactly* that it is OK to copy stuff for
 OSM.

 how would you get that decision if you didn't use the material before?


You can always file for a declaratory judgment:
https://en.wikipedia.org/wiki/Declaratory_judgment
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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-06 Thread Martin Koppenhoefer


 Am 07/apr/2014 um 02:24 schrieb Eugene Alvin Villar sea...@gmail.com:
 
 You can always file for a declaratory judgment: 
 https://en.wikipedia.org/wiki/Declaratory_judgment


interesting, wouldn't it be a good idea to try this for deriving facts from 
google sat or street view? On the other hand this would maybe not work out for 
OSMF with their seat in London? In European jurisdiction with its database 
doctrine those will probably be protected also when deriving uncopyrightable 
facts

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[OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-05 Thread Paulo Carvalho
Dear fellow mappers,

   Let me present myself to you.  I'm a OSM mapper from the Brazil
community and a question rose there which caused a split in the group
regarding Google Street View to perform virtual surveys, such as taking
notes of house numbers and plotting them in the maps.

   After reading
http://wiki.openstreetmap.org/wiki/Legal_FAQ#2a._Can_I_trace_data_from_Google_Maps.2FNokia_Maps.2F3F,
I was pondering about the impossibility of copyright and licenses
apply
to facts and reality (not regarding philosophical aspects).

   Google Street View photos depict reality or facts, thus I could use them
to observe reality and derive interpretations which would be genuine
creative work.  It would be illegal to use the images in Mapillary, for
instance, but the facts depicted by the images are not property of Google.

   Your thoughts, please

Paulo Carvalho
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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-05 Thread Frederik Ramm
Hi,

On 05.04.2014 17:50, Paulo Carvalho wrote:
Google Street View photos depict reality or facts, thus I could use
 them to observe reality and derive interpretations which would be
 genuine creative work.  It would be illegal to use the images in
 Mapillary, for instance, but the facts depicted by the images are not
 property of Google.
 
Your thoughts, please

The general opinion on this list has been, for cases where there wasn't
a clear-cut license that answers these questions: We'll use the data if
the copyright owner says we can use it.

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09 E008°23'33

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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-05 Thread Eugene Alvin Villar
On Sat, Apr 5, 2014 at 11:50 PM, Paulo Carvalho 
paulo.r.m.carva...@gmail.com wrote:


 Dear fellow mappers,

Let me present myself to you.  I'm a OSM mapper from the Brazil
 community and a question rose there which caused a split in the group
 regarding Google Street View to perform virtual surveys, such as taking
 notes of house numbers and plotting them in the maps.

After reading
 http://wiki.openstreetmap.org/wiki/Legal_FAQ#2a._Can_I_trace_data_from_Google_Maps.2FNokia_Maps.2F3F,
  I was pondering about the impossibility of copyright and licenses apply
 to facts and reality (not regarding philosophical aspects).

Google Street View photos depict reality or facts, thus I could use
 them to observe reality and derive interpretations which would be genuine
 creative work.  It would be illegal to use the images in Mapillary, for
 instance, but the facts depicted by the images are not property of Google.

Your thoughts, please


You may find more discussion of this topic on this OSM help page:
https://help.openstreetmap.org/questions/710/can-i-use-google-streetview-to-help-create-maps

Also, somebody has asked Google regarding Street View. Here is Ed Parsons'
answer:

Checking the odd street names is OK. But every street name I would suggest
 would represent a bulk feed.


And bulk feed refers to the Terms of Service:

2(e) [You may not] use the Products in a manner that gives you or any other
 person access to mass downloads or bulk feeds of any Content, including but
 not limited to numerical latitude or longitude coordinates, imagery, and
 visible map data


Hope that helps.
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[OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-05 Thread Paulo Carvalho

 The general opinion on this list has been, for cases where there wasn't
 a clear-cut license that answers these questions: We'll use the data if
 the copyright owner says we can use it. Bye
 Frederik


I recon that the images are copyrighted, not the objects depicted by them.
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[OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-05 Thread Paulo Carvalho
Hi,

You may find more discussion of this topic on this OSM help page:

 https://help.openstreetmap.org/questions/710/can-i-use-google-streetview-to-help-create-maps


I see many people agree that we can use the images to access reality.  This
does not mean we're using the images themselves, which is copyrighted work.


 Also, somebody has asked Google regarding Street View. Here is Ed Parsons'
 answer: Checking the odd street names is OK. But every street name I
 would suggest
 * would represent a bulk feed.*


With all due respect, this is plain wrong.  Anyone who dealt with databases
know that a bulk load is an automated insertion of copious ammount of data.
 Browsing photos to manually write down signs and house numbers is far from
bulk load.


  And bulk feed refers to the Terms of Service: 2(e) [You may not] use
 the Products in a manner that gives you or any other
 * person access to mass downloads or bulk feeds of any Content,
 including but ** not limited to numerical latitude or longitude
 coordinates, imagery, and ** visible map data * Hope that helps.


It says imagery.  I'm not telling to download and use the images
elsewhere.  Reading a sign in SV photos and taking a note is different from
copying them.

I'm still not convinced.

thanks,

Paulo
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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-05 Thread Eugene Alvin Villar
FWIW, I agree with you that it should not be a case of copyright
infringement to obtain uncopyrightable facts from copyroghted sources.

Here's a blog post that even argues that it is OK to trace from Google's
satellite imagery: http://www.systemed.net/blog/legacy/100.html

But OSM does not operate this way. We aim to be whiter than white, and not
dabble in legal shades of gray. Even if *you* think that it is legally OK
to copy from someone, you shouldn't do it unless you have *permission* to
do so, or if a court decision says *exactly* that it is OK to copy stuff
for OSM.


On Sun, Apr 6, 2014 at 6:04 AM, Paulo Carvalho paulo.r.m.carva...@gmail.com
 wrote:

 Hi,

 You may find more discussion of this topic on this OSM help page:

 https://help.openstreetmap.org/questions/710/can-i-use-google-streetview-to-help-create-maps


 I see many people agree that we can use the images to access reality.
  This does not mean we're using the images themselves, which is copyrighted
 work.


 Also, somebody has asked Google regarding Street View. Here is Ed Parsons'
 answer: Checking the odd street names is OK. But every street name I
 would suggest
 * would represent a bulk feed.*


 With all due respect, this is plain wrong.  Anyone who dealt with
 databases know that a bulk load is an automated insertion of copious
 ammount of data.  Browsing photos to manually write down signs and house
 numbers is far from bulk load.


  And bulk feed refers to the Terms of Service: 2(e) [You may not] use
 the Products in a manner that gives you or any other
 * person access to mass downloads or bulk feeds of any Content,
 including but ** not limited to numerical latitude or longitude
 coordinates, imagery, and ** visible map data * Hope that helps.


 It says imagery.  I'm not telling to download and use the images
 elsewhere.  Reading a sign in SV photos and taking a note is different from
 copying them.

 I'm still not convinced.

 thanks,

 Paulo

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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-05 Thread andrzej zaborowski
On 6 April 2014 00:04, Paulo Carvalho paulo.r.m.carva...@gmail.com wrote:
 https://help.openstreetmap.org/questions/710/can-i-use-google-streetview-to-help-create-maps


 I see many people agree that we can use the images to access reality.  This
 does not mean we're using the images themselves, which is copyrighted work.

We'd be using the images even if we were not copying them, these are
different things.



 Also, somebody has asked Google regarding Street View. Here is Ed Parsons'
 answer: Checking the odd street names is OK. But every street name I
 would suggest
  would represent a bulk feed.


 With all due respect, this is plain wrong.  Anyone who dealt with databases
 know that a bulk load is...

This is a Google service and it's up to them to define what bulk load
is and isn't when they present you the agreement.  You can only accept
it or reject it as a whole except in very rare situations.



 And bulk feed refers to the Terms of Service: 2(e) [You may not] use the
 Products in a manner that gives you or any other
  person access to mass downloads or bulk feeds of any Content, including
  but  not limited to numerical latitude or longitude coordinates, imagery,
  and  visible map data Hope that helps.


 It says imagery.  I'm not telling to download and use the images
 elsewhere.  Reading a sign in SV photos and taking a note is different from
 copying them.

Again I think the main point is the agreement doesn't say copy, it says use.

Cheers

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Re: [OSM-legal-talk] Using Google Street View to perform virtual survey

2014-04-05 Thread Paul Norman
 From: Paulo Carvalho [mailto:paulo.r.m.carva...@gmail.com] 
 Sent: Saturday, April 05, 2014 8:51 AM
 To: legal-talk@openstreetmap.org
 Subject: [OSM-legal-talk] Using Google Street View to perform virtual
survey
 
 Dear fellow mappers,
 
 Let me present myself to you. I'm a OSM mapper from the Brazil community 
 and a question rose there which caused a split in the group regarding 
 Google Street View to perform virtual surveys, such as taking notes of 
 house numbers and plotting them in the maps. 
 
 [...]
 
 Your thoughts, please 

The Google TOS restrictions on use[1] prohibit [using] the Products to 
create a database of places or other local listings information. My 
recollection is that previous versions of their terms contained similar 
provisions, but were not as clear. 

Using Street View as you describe would definitely be a violation of 
Google's TOS. When it happens the Data Working Group redacts the data to 
remove it from the OpenStreetMap database. 

[1]: https://www.google.com/intl/en_ALL/help/terms_maps.html


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