Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Vladimir Vyskocil
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

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread vegard
On Tue, Nov 06, 2012 at 09:58:11AM +0100, Vladimir Vyskocil wrote: 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

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Janko Mihelić
How do proponents of copying from Streetview explain the difference between copying from satellite images and copying from Streetview? With satellite images you copy shapes of roads, with Streetview you copy street names. The same thing. Janko 2012/11/6 Vladimir Vyskocil

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Pieren
On Tue, Nov 6, 2012 at 10:14 AM, veg...@engen.priv.no wrote: So anyone who considers adding stuff that is not 100% OK to copy is destroying the project from within, not helping it. Period. A public domain street sign does not become automagically a copyrighted derivative work just because

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread vegard
On Tue, Nov 06, 2012 at 10:28:45AM +0100, Pieren wrote: A public domain street sign does not become automagically a copyrighted derivative work just because you see it through a copyrighted photo. And this is true worldwide, not only in some countries. But some people are continuing to keep

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Ian Sergeant
On 6 November 2012 20:28, Pieren pier...@gmail.com wrote: A public domain street sign does not become automagically a copyrighted derivative work just because you see it through a copyrighted photo. You are continuing to misrepresent what is at issue. 1. There are licence and contractual

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Peter Wendorff
The difference is that for the satellite images we use we have a statement from the corresponding companies that allows us to do so. Yes, that's nothing 100 Lawyers looked over, but it's a permission we got, be it from microsoft and bing, from yahoo or from others. There is not yet anything

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Pieren
On Tue, Nov 6, 2012 at 10:49 AM, Ian Sergeant inas66+...@gmail.com wrote: 1. There are licence and contractual terms concerning the use of the StreetView service. The use of the API... 2. There is a possible interpretation of these conditions that may well open one or more parties to legal

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Kevin Peat
On 6 November 2012 09:28, Pieren pier...@gmail.com wrote: A public domain street sign does not become automagically a copyrighted derivative work just because you see it through a copyrighted photo. And this is true worldwide, not only in some countries. Isn't the real point that regardless

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Peteris Krisjanis
Hi everyone! It seems that this list is magnet for very long, but sometimes useless threads. There are several facts people should remember before invest in this discussion: 1. Common sensus/rule/whatever you call it in OSM is *not* touch copyrighted stuff without clear license/permission to use

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Pieren
On Tue, Nov 6, 2012 at 11:06 AM, Peteris Krisjanis pec...@gmail.com wrote: ...Now, there are different *ongoing* legal discussions around the world about is it legal or not copy facts from photos. Facts are copyrightable now. Can you point some evidence or links about what you say ? Pieren

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Janko Mihelić
Nobody answered yet. How is copying from Streetview photos not the same as copying from satellite photos? Both are photos, both show facts, both are owned by Google. Yet everybody agrees we shouldn't copy from satellite photos, but many people think we can copy from Streetview. What is the

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Martin Koppenhoefer
2012/11/6 Ian Sergeant inas66+...@gmail.com: 4. Those who wish to use such services should take the perogative to seek explicit permission to use them in the OSM context. 5. If that permission isn't obtained, we shouldn't use them. So, which of these points do you disagree with? Your

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Pieren
On Tue, Nov 6, 2012 at 1:01 PM, Janko Mihelić jan...@gmail.com wrote: What is the difference? It's because on StreetView, we don't trace on the photo. Doing this on aerial imagery is reusing the transformation process of images rectified (including relief with DEM) and georeferenced. This is

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Stephan Knauss
Janko Mihelić writes: Nobody answered yet. How is copying from Streetview photos not the same as copying from satellite photos? Both are photos, both show facts, both are owned by Google. It's unlikely that factual data is copyrightable. There had been multiple discussions in the past, along

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Lester Caine
Janko Mihelić wrote: Nobody answered yet. How is copying from Streetview photos not the same as copying from satellite photos? Both are photos, both show facts, both are owned by Google. Yet everybody agrees we shouldn't copy from satellite photos, but many people think we can copy from

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Russ Nelson
Kevin Peat writes: On 6 November 2012 09:28, Pieren pier...@gmail.com wrote: A public domain street sign does not become automagically a copyrighted derivative work just because you see it through a copyrighted photo. And this is true worldwide, not only in some countries. Isn't

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Janko Mihelić
2012/11/6 Pieren pier...@gmail.com It's because on StreetView, we don't trace on the photo. Doing this on aerial imagery is reusing the transformation process of images rectified (including relief with DEM) and georeferenced. This is the added value protected. Facts visible on aerial imagery

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Russ Nelson
Janko Mihelić writes: Yet everybody agrees we shouldn't copy from satellite photos, but many people think we can copy from Streetview. What is the difference? Uh, because Ed Parsons said we could? Why is this so difficult to understand? Okay, so there's this legal doctrine called

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Pieren
On Tue, Nov 6, 2012 at 3:07 PM, Janko Mihelić jan...@gmail.com wrote: Imagine if Google didn't do that, you would have to find your street amongst billions other Streetview photos. Not possible. So you can't say you aren't using their referencing process. If you deduce the street position and

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Lester Caine
Pieren wrote: Usually, in such discussion coming back and forth, this is the last argument trying to explain how a public domain material would become sudenly copyrightable. It's impossible. Some of you may be aware of the problems with the 'tz' database. A commercial company claimed

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Jérome Armau
If I remember correctly, at least part of the issue stems from the EU database directive and the sui generis right: http://en.wikipedia.org/wiki/Database_Directive#Sui_generis_right Copyright protection is not available for databases which aim to be complete, that is where the entries are

Re: [OSM-talk] Data copied from Google Maps

2012-11-06 Thread Lester Caine
Jérome Armau wrote: Basically, even if the data itself is public domain, the database that contains it may be protected under EU law - this is to protect the amount of work that went into the data collection. The whole issue is the definition of a substantial part of the database. Are street

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Lester Caine
Robin Paulson wrote: 2(e) 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; so checking the odd street names is OK.. but

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Ian Sergeant
On 5 November 2012 19:31, Lester Caine les...@lsces.co.uk wrote: Sorry, but in this case how the would they know if someone had cross checked something against Streetview? There is NO need to make any mention of that and yes I do cross check, ... Perhaps they might read your email on a

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Pieren
On Mon, Nov 5, 2012 at 12:41 AM, Robin Paulson ro...@bumblepuppy.org wrote: 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

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Martin Koppenhoefer
2012/11/5 Robin Paulson ro...@bumblepuppy.org: 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

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread ce-test, qualified testing bv - Gert Gremmen
of the pictures is not the same as copying. Gert -Oorspronkelijk bericht- Van: Martin Koppenhoefer [mailto:dieterdre...@gmail.com] 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

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Lester Caine
Ian Sergeant wrote: Sorry, but in this case how the would they know if someone had cross checked something against Streetview? There is NO need to make any mention of that and yes I do cross check, ... Perhaps they might read your email on a public list? And what does that prove? They

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Floris Looijesteijn
On Mon, Nov 5, 2012 at 9:31 AM, Lester Caine les...@lsces.co.uk wrote: Sorry, but in this case how the would they know if someone had cross checked something against Streetview? There is NO need to make any mention of that and yes I do cross check, but MORE simply to confirm that

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Lester Caine
Floris Looijesteijn wrote: On Mon, Nov 5, 2012 at 9:31 AM, Lester Caine les...@lsces.co.uk mailto:les...@lsces.co.uk wrote: Sorry, but in this case how the would they know if someone had cross checked something against Streetview? There is NO need to make any mention of that

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Floris Looijesteijn
On Mon, Nov 5, 2012 at 2:04 PM, Lester Caine les...@lsces.co.uk wrote: Only if they can prove that anonymous activity on one is directly related to some identified activity on the other at an unrelated time ... I am sure a court would only accept a proven pattern rather than a vague

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Mike N
On 11/5/2012 8:15 AM, Floris Looijesteijn wrote: If they can find views (maybe even searches) for 1 or multiple areas and correlate those with 1 or multiple changesets on OSM they have the proof they want. And Google could always use Photoshop to plant a few 'Easter eggs' with fake names in

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Lester Caine
Floris Looijesteijn wrote: On Mon, Nov 5, 2012 at 2:04 PM, Lester Caine les...@lsces.co.uk mailto:les...@lsces.co.uk wrote: Only if they can prove that anonymous activity on one is directly related to some identified activity on the other at an unrelated time ... I am sure a court

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Vladimir Vyskocil
After searching in taginfo, I found all these other instances of data copied from Google, such as some data in Paris that was tagged as coming from Google Street View (I deleted it). Vandal ! I have contacted the Data Working Group, they ought to do a better job deleting the data than

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Frederik Ramm
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

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Peter Wendorff
Am 05.11.2012 16:42, schrieb Frederik Ramm: 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

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Pieren
On Mon, Nov 5, 2012 at 4:42 PM, Frederik Ramm frede...@remote.org wrote: So don't use Google Street View for mapping unless you have explicit permission from Google to do so. Since this question is coming back at regular intervals since years, did the OSMF take some actions and contact Google

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Frederik Ramm
Hi, On 05.11.2012 17:04, Pieren wrote: Since this question is coming back at regular intervals since years, did the OSMF take some actions and contact Google to get a definitive answer? Not as far as I know. Or should each individual contributor contact again Google as in the email's copy I

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Vladimir Vyskocil
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

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Cartinus
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

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Pieren
On Mon, Nov 5, 2012 at 9:06 PM, Frederik Ramm frede...@remote.org wrote: Not as far as I know. Sad that OSMF is not taking five minutes to post the question to Google. Some contributors did it in the past. I don't think that a personal message to one individual mapper from someone, even if in

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Cartinus
On 11/06/2012 12:12 AM, Pieren wrote: On Mon, Nov 5, 2012 at 9:06 PM, Frederik Ramm frede...@remote.org wrote: Not as far as I know. Sad that OSMF is not taking five minutes to post the question to Google. Some contributors did it in the past. If it is so simple, why don't you do it

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Toby Murray
On Mon, Nov 5, 2012 at 5:12 PM, Pieren pier...@gmail.com wrote: On Mon, Nov 5, 2012 at 9:06 PM, Frederik Ramm frede...@remote.org wrote: Not as far as I know. Sad that OSMF is not taking five minutes to post the question to Google. Some contributors did it in the past. I don't think that a

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread andrzej zaborowski
On 6 November 2012 00:29, Toby Murray toby.mur...@gmail.com wrote: On Mon, Nov 5, 2012 at 5:12 PM, Pieren pier...@gmail.com wrote: On Mon, Nov 5, 2012 at 9:06 PM, Frederik Ramm frede...@remote.org wrote: Not as far as I know. Sad that OSMF is not taking five minutes to post the question to

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Cartinus
On 11/06/2012 01:09 AM, andrzej zaborowski wrote: The same is true for Microsoft and Yahoo!, in the end it boils down to something someone at those companies said in an email to someone else. Then ask them. Don't spam my mailbox, spam theirs. This endless prattling is getting nowhere. -- ---

Re: [OSM-talk] Data copied from Google Maps

2012-11-05 Thread Lester Caine
Cartinus wrote: The same is true for Microsoft and Yahoo!, in the end it boils down to something someone at those companies said in an email to someone else. Then ask them. Don't spam my mailbox, spam theirs. This endless prattling is getting nowhere. You can always stop listening ... I'm

Re: [OSM-talk] Data copied from Google Maps

2012-11-04 Thread andrzej zaborowski
On 4 November 2012 02:06, Paul Johnson ba...@ursamundi.org wrote: On Saturday, November 3, 2012, Ian Sergeant wrote: On 04/11/12 07:24, Paul Johnson wrote: Would it be acceptable to use Street View to aid your memory of local knowledge of the ground truth? Something that's on the tip of

Re: [OSM-talk] Data copied from Google Maps

2012-11-04 Thread Pieren
On Sun, Nov 4, 2012 at 12:48 AM, Andrew MacKinnon andrew...@gmail.com wrote: Unless Google has actually formally given OpenStreetMap a license to copy Street View for specific purposes, clearly stating the limits on what is or isn't allowed to be copied, we should not be copying Google Street

Re: [OSM-talk] Data copied from Google Maps

2012-11-04 Thread Martin Koppenhoefer
Am 04/nov/2012 um 00:48 schrieb Andrew MacKinnon andrew...@gmail.com: Unless Google has actually formally given OpenStreetMap a license to copy Street View for specific purposes, clearly stating the limits on what is or isn't allowed to be copied, we should not be copying Google Street

Re: [OSM-talk] Data copied from Google Maps

2012-11-04 Thread Pierre Béland
On 04/nov/2012  00:48 , Andrew MacKinnon andrew...@gmail.com: Unless Google has actually formally given OpenStreetMap a license to copy Street View for specific purposes, clearly stating the limits on what is or isn't allowed to be copied, we should not be copying Google Andrew, On

Re: [OSM-talk] Data copied from Google Maps

2012-11-04 Thread Andrew MacKinnon
In my opinion, copying from Google Street View is still a legally dubious thing to do. There is no formal licensing agreement with Google that I know of. It is perfectly fine to capture data by taking pictures yourself, but relying on Google Street View cars to take those pictures is legally

Re: [OSM-talk] Data copied from Google Maps

2012-11-04 Thread Christopher Woods (IWD)
On 04/11/2012 16:48, Andrew MacKinnon wrote: In my opinion, copying from Google Street View is still a legally dubious thing to do. There is no formal licensing agreement with Google that I know of. It is perfectly fine to capture data by taking pictures yourself, but relying on Google Street

Re: [OSM-talk] Data copied from Google Maps

2012-11-04 Thread Ian Sergeant
On 5 November 2012 07:20, Christopher Woods (IWD) chris...@infinitus.co.uk wrote: ... For simple pieces of factual data like that, obviously in the public domain before Google began to compile their own imagery, my gut feeling is that this is arguably OK to do in a pinch. ... And my gut

Re: [OSM-talk] Data copied from Google Maps

2012-11-04 Thread andrzej zaborowski
On 4 November 2012 21:20, Christopher Woods (IWD) chris...@infinitus.co.uk wrote: On 04/11/2012 16:48, Andrew MacKinnon wrote: In my opinion, copying from Google Street View is still a legally dubious thing to do. There is no formal licensing agreement with Google that I know of. It is

Re: [OSM-talk] Data copied from Google Maps

2012-11-04 Thread Robin Paulson
On 2012-11-04 19:08, andrzej zaborowski wrote: 2(e) 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; so checking the

Re: [OSM-talk] Data copied from Google Maps

2012-11-03 Thread Stephan Knauss
On 03.11.2012 00:14, Andrew MacKinnon wrote: On Fri, Nov 2, 2012 at 2:33 PM, Brad Neuhauser brad.neuhau...@gmail.com wrote: From the dates, it looks like most of those are from the Haiti earthquake tracing, when Google allowed OSM to use its imagery for tracing. See

Re: [OSM-talk] Data copied from Google Maps

2012-11-03 Thread Andrew MacKinnon
I strongly suggest to contact DWG and not try to do some clean-up action on your own. How certain are you that the source tag refers to the coordinate? Culd also be the phone number of a shop found by a google search, right? Each of these occurences has to be checked and the mapper

Re: [OSM-talk] Data copied from Google Maps

2012-11-03 Thread Stephan Knauss
On 03.11.2012 19:25, Andrew MacKinnon wrote: Is copying from Google search acceptable anyway? I say yes. Even this is inferior mapping like any kind of armchair mapping. Let's assume one enters website addresses and phone numbers of restaurants. Tagging phone= and website=. You are not

Re: [OSM-talk] Data copied from Google Maps

2012-11-03 Thread Paul Johnson
On Sat, Nov 3, 2012 at 2:09 PM, Stephan Knauss o...@stephans-server.dewrote: As you mentioned StreetView: Using it to create a database is likely a violation of their TOS and OSM does not want this practice. In which way Google could have copyright or database rights on factual data derived

Re: [OSM-talk] Data copied from Google Maps

2012-11-03 Thread Ian Sergeant
On 04/11/12 07:24, Paul Johnson wrote: Would it be acceptable to use Street View to aid your memory of local knowledge of the ground truth? Something that's on the tip of your brain and you have actually been there, but can't remember what a specific sign said? Next time, write it down

Re: [OSM-talk] Data copied from Google Maps

2012-11-03 Thread Andrew MacKinnon
On Sat, Nov 3, 2012 at 3:09 PM, Stephan Knauss o...@stephans-server.de wrote: On 03.11.2012 19:25, Andrew MacKinnon wrote: Is copying from Google search acceptable anyway? I say yes. Even this is inferior mapping like any kind of armchair mapping. Let's assume one enters website addresses

Re: [OSM-talk] Data copied from Google Maps

2012-11-03 Thread Steve Doerr
On 03/11/2012 21:31, Andrew MacKinnon wrote: I am pretty sure that in most of these cases, users are copying from Google Maps or Google Street View and the data should be deleted. In many cases, the infringing data is something like a road name. I'm pretty sure that Google have actually said

Re: [OSM-talk] Data copied from Google Maps

2012-11-03 Thread Andrew MacKinnon
On Sat, Nov 3, 2012 at 6:25 PM, Steve Doerr doerr.step...@gmail.com wrote: On 03/11/2012 21:31, Andrew MacKinnon wrote: I am pretty sure that in most of these cases, users are copying from Google Maps or Google Street View and the data should be deleted. In many cases, the infringing data is

Re: [OSM-talk] Data copied from Google Maps

2012-11-03 Thread Cartinus
The wiki says: If you find any acts Vandalism or illegal copying from sources and the user does not respond to messages you can contact the Data Working Group on the e-mail address d...@osmfoundation.org. You are now proposing to skip the messaging the user part and replacing it with

Re: [OSM-talk] Data copied from Google Maps

2012-11-02 Thread Brad Neuhauser
From the dates, it looks like most of those are from the Haiti earthquake tracing, when Google allowed OSM to use its imagery for tracing. See http://wiki.openstreetmap.org/wiki/WikiProject_Haiti/Imagery_and_data_sources#Google_Imagery Cheers, Brad On Fri, Nov 2, 2012 at 1:15 PM, Andrew

Re: [OSM-talk] Data copied from Google Maps

2012-11-02 Thread Andrew MacKinnon
On Fri, Nov 2, 2012 at 2:33 PM, Brad Neuhauser brad.neuhau...@gmail.com wrote: From the dates, it looks like most of those are from the Haiti earthquake tracing, when Google allowed OSM to use its imagery for tracing. See