Re: [OSM-legal-talk] legal-talk Digest, Vol 93, Issue 1

2014-06-04 Thread Paulo Carvalho
Here in Brazil software is covered by copyright law, not patent law,
meaning that computer programs are treated like books, movies, etc.
Furthermore, registration is not required for authorship.  Any means
proving that someone created some piece of art or other intellectual work
(computer software included) at a given date is legal evidence.  An example
is a registered mail sent to oneself prior to any claims or even
registration and opened before the judge will legally assure you authorship.

Also, I am pretty sure segmentation algorithms are out there much before
such patent application.


2014-06-04 9:00 GMT-03:00 legal-talk-requ...@openstreetmap.org:

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 Today's Topics:

1. Google awarded patent on automatic correction of road
   geometry from imagery (Michael Collinson)


 --

 Message: 1
 Date: Wed, 04 Jun 2014 11:26:46 +0200
 From: Michael Collinson m...@ayeltd.biz
 To: OSM Licensing and other legal discussions.
 legal-talk@openstreetmap.org
 Subject: [OSM-legal-talk] Google awarded patent on automatic
 correction of road geometry from imagery
 Message-ID: 538ee656.6070...@ayeltd.biz
 Content-Type: text/plain; charset=iso-8859-1; Format=flowed

 This comes to me via Simon Poole, so the OSMF board is aware.


 http://apb.directionsmag.com/entry/google-patent-updating-map-data-using-satellite-imagery/402398?utm_source=dlvr.itutm_medium=tumblr

 http://patft.uspto.gov/netacgi/nph-Parser?Sect2=PTO1Sect2=HITOFFp=1u=/netahtml/PTO/search-bool.htmlr=1f=Gl=50d=PALLRefSrch=yesQuery=PN/8731305

 The invention claimed is a A computer-implemented method so I am not
 sure scan-reading the patent whether that includes humans looking at
 digital imagery and making db corrections via computer. If so, then
 obviously (our) prior art is going to blow this apart. If not, then
 anyone working on automated road detection algorithms should be aware.

 Interestingly, if you scroll down through the patent itself, you'll see
 that they specifically mention correcting US TIGER data.

 Mike

 *Abstract*

 Map data are overlaid on satellite imagery. A road segment within the
 map data is identified, and the satellite imagery indicates that the
 road segment is at a different geographic position than a geographic
 position indicated by the map data. The endpoints of the road segment in
 the map data are aligned with the corresponding positions of the
 endpoints in the satellite imagery. A road template is applied at an
 endpoint of the road segment in the satellite imagery, and the angle of
 the road template that matches the angle of the road segment indicated
 by the satellite imagery is determined by optimizing a cost function.
 The road template is iteratively shifted along the road segment in the
 satellite imagery. The geographic position of the road segment within
 the map data is updated responsive to the positions and angles of the
 road template.


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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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[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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[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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[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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[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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