Re: [Flightgear-devel] Willfully violating Google Terms of Use under the FlightGear umbrella ?

2012-03-13 Thread J. Holden
Considering the same legal issues arise frequently, would you mind posting a 
link to the discussion, because all I can find is this: 
http://wiki.flightgear.org/index.php/Copyright_Inquiry

And in a quick response to the second question, your scenery would be more 
detailed if you built it using SRTM-3 and CORINE data. I think SRTM-3 is 
already used for the areas it is available for, though, and there is possibly 
previously generated CORINE scenery available for the area you are interested 
in...

Thanks
John

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Re: [Flightgear-devel] Willfully violating Google Terms of Use under the FlightGear umbrella ?

2012-03-13 Thread flightgear
 Considering the same legal issues arise frequently, would you mind posting
 a link to the discussion, because all I can find is this:
 http://wiki.flightgear.org/index.php/Copyright_Inquiry

 And in a quick response to the second question, your scenery would be more
 detailed if you built it using SRTM-3 and CORINE data.

Just to add a note, building scenery with corine could probably be more
detailed, but we will never be aware of the well known inconsistency
corine has, whith each data cycle. You will find some papers about this.
The give an example: we have a much more detailed classification system
for Switzerland. Now this has been translated to corine, I guess - no,
I'm sure - there are some compromises in classification. And this
discussion you will find for every corine member probably.

Now maybe when someone is looking to an area he/she knows very well, this
inconstistency is noticable quickly. But from another point of view ...
for the huge task to get more detailed scenery at europe overall the
inconsistency doesn’t matter that much.

For me it’s imaginable to have more detailed custom scenery for distinct
areas, digitized from scratch or using corine as a base and improving.
Depends on resources. But first corine and other public sources have to be
verified properly of course, and anyway wider experience using this layers
for scenery creation is needed. Another question would be if it really
makes sense to have more detailed and improved resources than corine for
FlightGear scenery creation at all, or if this is more an interesting
side project and somehow overstating the case.

BTW. I’m wondering why no one uses the new flightgear-scenery mailing list
for such discussion? Does it need more promotion?

Cheers, Yves




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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-13 Thread Martin Spott
flightg...@sablonier.ch wrote:

 BTW. I=92m wondering why no one uses the new flightgear-scenery mailing list
 for such discussion? Does it need more promotion?

According to my personal experience it simply doesn't get any work done
to have yet another communication channel (just look at the Scenery web
forum - you know what I mean  ;-)  but it adds more overhead because
there's one more channel to monitor.

Cheers,
Martin.
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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-13 Thread HB-GRAL
Am 13.03.12 17:46, schrieb Martin Spott:

 According to my personal experience it simply doesn't get any work done
 to have yet another communication channel (just look at the Scenery web
 forum - you know what I mean  ;-)  but it adds more overhead because
 there's one more channel to monitor.

 Cheers,
   Martin.

Yes, yes, always the same argumentation here far any kind of change. It 
was not meant as another channel. It replaces this one. ;-))

Cheers, Yves

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Re: [Flightgear-devel] Willfully violating Google Terms of Use underthe FlightGear umbrella ?

2012-03-12 Thread Alan Teeder


-Original Message- 
From: Martin Spott
Sent: Monday, March 12, 2012 7:00 AM Newsgroups: list.flightgear-devel
To: flightgear-devel@lists.sourceforge.net
Subject: [Flightgear-devel] Willfully violating Google Terms of Use underthe 
FlightGear umbrella ?

  
http://www.flightgear.org/forums/viewtopic.php?f=5t=15711p=152972sid=0383829e2324ecb1bc0c0ed67655e826#p152945

Martin.
-- 

The original question did refer to paper maps.

Alan 


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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Martin Spott
Alan Teeder wrote:
 From: Martin Spott

   
  http://www.flightgear.org/forums/viewtopic.php?f=5t=15711p=152972sid=0383829e2324ecb1bc0c0ed67655e826#p152945

 The original question did refer to paper maps.

Indeed, so why doesn't this jerk just develop a sensible on-topic reply
instead of posting false allegations wrt. the use of Google imagery ?
And even if you ignore his references to Google, it's still highly
dubious what he's posting.

The issue in question, neither with Google imagery nor with most
printed maps, is _not_ about Copyright.  Instead, by buying a printed
map or by using Google Earth, you're signing a contract over how you're
allowed to use these *media* and you simply have to stick to the terms
of this contract - because you signed it.

Cheers,
Martin.
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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Johannes Ebke
Dear Martin,

I disagree that you sign a contract when looking at printed maps. You
cannot establish a contract by stating: by looking at this map, you
agree to X Y and Z.

However, at least in Germany where the original question came from,
there are separate laws protecting Geodata from reuse, with no contract
needed. I pointed this out in

http://www.flightgear.org/forums/viewtopic.php?f=5t=15711p=153049#p153049

Cheers,
Johannes

On 12.03.2012 09:38, Martin Spott wrote:
 Alan Teeder wrote:
 From: Martin Spott
 
  
 http://www.flightgear.org/forums/viewtopic.php?f=5t=15711p=152972sid=0383829e2324ecb1bc0c0ed67655e826#p152945
 
 The original question did refer to paper maps.
 
 Indeed, so why doesn't this jerk just develop a sensible on-topic reply
 instead of posting false allegations wrt. the use of Google imagery ?
 And even if you ignore his references to Google, it's still highly
 dubious what he's posting.
 
 The issue in question, neither with Google imagery nor with most
 printed maps, is _not_ about Copyright.  Instead, by buying a printed
 map or by using Google Earth, you're signing a contract over how you're
 allowed to use these *media* and you simply have to stick to the terms
 of this contract - because you signed it.
 
 Cheers,
   Martin.


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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Martin Spott
Johannes,

Johannes Ebke wrote:
 On 12.03.2012 09:38, Martin Spott wrote:

 The issue in question, neither with Google imagery nor with most
 printed maps, is _not_ about Copyright.  Instead, by buying a printed
 map or by using Google Earth, you're signing a contract over how you're
 allowed to use these *media* and you simply have to stick to the terms
 of this contract - because you signed it.

 I disagree that you sign a contract when looking at printed maps.

No, not by looking at a map, but by buying a printed map - which is
what I stated above.  Since you hardly get your hands onto commercial,
printed maps (which I believe is the item we're talking about) without
the act of buying the media, the act of purchase and thus signing the
contract is implicit by looking at the map   at least in most of
the cases.

Well, you can always argue oh, I didn't buy this map myself, I just
found it on the road after someone dropped it there.  Anyhow, most
maps I know are having their origin and the Terms of Use printed
somewhere in the legend or on the back and I suspect you'll face hard
times arguing that, by accident, you didn't notice these terms before
starting to derive measurements from the media - especially when
you're tring to explain that you found dozends of maps on the road  :-)

Cheers,
Martin.
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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Stefan Seifert
On Monday 12 March 2012 11:17:05 Martin Spott wrote:

 No, not by looking at a map, but by buying a printed map - which is
 what I stated above.  Since you hardly get your hands onto commercial,
 printed maps (which I believe is the item we're talking about) without
 the act of buying the media, the act of purchase and thus signing the
 contract is implicit by looking at the map   at least in most of
 the cases.
 
 Well, you can always argue oh, I didn't buy this map myself, I just
 found it on the road after someone dropped it there.  Anyhow, most
 maps I know are having their origin and the Terms of Use printed
 somewhere in the legend or on the back and I suspect you'll face hard
 times arguing that, by accident, you didn't notice these terms before
 starting to derive measurements from the media - especially when
 you're tring to explain that you found dozends of maps on the road  :-)

Like everything in law it's rather more complicated than one would expect.
For example at least in Germany and Austria but problably most of Europe, 
these Terms of Use printed on the map are no more legally binding than an 
End User License Agreement which many programs display on first start. That 
is because in these jurisdictions, one cannot change a contract after the 
fact. So to be legally binding these terms of use would have to be part of the 
buying contract and the buyer would have to be able to read them and agree to 
them before buying for the terms to be legally binding. Just print them 
somewhere on the back of the map is simply waste of ink.

I guess the moral of the story is that one should not try to determine 
legality by oneself, but ask a lawyer. Which is kind of ironic, since these 
laws are all binding for us, but the way it is is the way it is.

Stefan

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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Martin Spott
Stefan Seifert wrote:

 For example at least in Germany and Austria but problably most of Europe, 
 these Terms of Use printed on the map are no more legally binding than an 
 End User License Agreement which many programs display on first start. That 
 is because in these jurisdictions, one cannot change a contract after the 
 fact. So to be legally binding these terms of use would have to be part of 
 the 
 buying contract and the buyer would have to be able to read them and agree to 
 them before buying for the terms to be legally binding. Just print them 
 somewhere on the back of the map is simply waste of ink.

  which sounds nice in theory, but doesn't reflect current
practice.  Try it out, buy a printed, commercial map at your local
bookstore, place a derivative of it onto your web page, ignore the
cease-and-desist letter and wait until they sue you.  Then try to tell
court that you've been unaware of the terms of use at the moment when
you bought the map.

Happened to a lot of people - doesn't work.

Cheers,
Martin.
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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Martin Spott
Martin Spott wrote:
 Stefan Seifert wrote:

 For example at least in Germany and Austria but problably most of Europe, 
 these Terms of Use printed on the map are no more legally binding than an 
 End User License Agreement which many programs display on first start. 
 That 
 is because in these jurisdictions, one cannot change a contract after the 
 fact. So to be legally binding these terms of use would have to be part of 
 the 
 buying contract and the buyer would have to be able to read them and agree 
 to 
 them before buying for the terms to be legally binding. Just print them 
 somewhere on the back of the map is simply waste of ink.
 
   which sounds nice in theory, but doesn't reflect current
 practice.  Try it out, buy a printed, commercial map at your local
 bookstore, place a derivative of it onto your web page, ignore the
 cease-and-desist letter and wait until they sue you.  Then try to tell
 court that you've been unaware of the terms of use at the moment when
 you bought the map.

Well, you *might* successfully stay below the publisher's radar if your
website is just a private playground and thus of minor importance to
them.  But if they sense implications with their commercial business,
then they expect you to know about the terms of use of a printed map
even without the staff at the bookstore explicitly requesting you to
read the fineprint.

Cheers,
Martin.
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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Robin van Steenbergen
There is a big difference between republishing a printed work and using 
it for a derivative, such as deducting measurements from a (paper) map 
to make a computer model of the streets or buildings which are also 
represented on the map.

First off, in the case of a direct republish, the map's publisher can 
isntantly recognize that somebody made an actual copy, and therefore, 
also prove it in court.

In case of a building or airport modeled off a map, how is the original 
map-maker going to recognize that the runway (12000ft long) was actually 
derived from *his* map? Since we're effectively modeling the real world, 
just like a map would, a map maker will have a very hard time suing 
after derivative works, since HIS map is also a derivative off the 
(uncopyrighted) real world. Let alone prove in court that your airport 
model is plagiarizing off his maps -- obviously, because it looks like 
the real airport it's supposed to represent on both the map and in the 
scenery!

The only thing a (paper) map maker would effectively be able to 
copyright is his specific representation of the world -- that map, and 
only that.

Now a digital map may be a dffferent issue since it's easy to 
automatically harvest large amounts of geo-data off digital maps, 
recompile it and reuse it for commercial purposes.

Op 12-3-2012 13:22, Martin Spott schreef:
  which sounds nice in theory, but doesn't reflect current 
 practice. Try it out, buy a printed, commercial map at your local 
 bookstore, place a derivative of it onto your web page, ignore the 
 cease-and-desist letter and wait until they sue you. Then try to tell 
 court that you've been unaware of the terms of use at the moment when 
 you bought the map. Happened to a lot of people - doesn't work. 
 Cheers, Martin. 


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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Martin Spott
Robin van Steenbergen wrote:

 In case of a building or airport modeled off a map, how is the original 
 map-maker going to recognize that the runway (12000ft long) was actually 
 derived from *his* map?

I'd like to emphasize that willfully violating the terms of use of a
map should always be considered as being illegal and therefore
unwelcomed (particularly in FlightGear land), no matter wether the
map-maker can actually prove in court or not.

And, btw, according to my experience of comparing more than 250
FlightGear airfield layouts against 3rd party data of different
provenance it's much easier to tell the source of such a layout than
you might think !

Cheers,
Martin.
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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Robin van Steenbergen
Op 12-3-2012 14:33, Martin Spott schreef:
 Robin van Steenbergen wrote:

 In case of a building or airport modeled off a map, how is the original
 map-maker going to recognize that the runway (12000ft long) was actually
 derived from *his* map?
 I'd like to emphasize that willfully violating the terms of use of a
 map should always be considered as being illegal and therefore
 unwelcomed (particularly in FlightGear land), no matter wether the
 map-maker can actually prove in court or not.
I hope you do realize that modeling scenery from a set of photographs is 
also violating copyright (under those same rules), namely that of the 
photographer?

So strictly speaking, we would only be able to model buildings we see 
(and measure) with our own eyes. And even then, you're making a 
derivative work off something -- namely the creative work of the 
building's architect.

(Before you ask, there have been cases over this, by the Belgian 
copyright authority trying to sue anyone who published photographs of 
Brussels' Atomium structure, claiming a derivative work off the 
copyrighted design of the architect.)

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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Martin Spott
Robin van Steenbergen wrote:
 Op 12-3-2012 14:33, Martin Spott schreef:

 I'd like to emphasize that willfully violating the terms of use of a
 map should always be considered as being illegal and therefore
 unwelcomed (particularly in FlightGear land), no matter wether the
 map-maker can actually prove in court or not.

 I hope you do realize that modeling scenery from a set of photographs is 
 also violating copyright (under those same rules), namely that of the 
 photographer?

Not generally, instead this depends on the copyright under which the
photograph has been published.
A lot of photographs have been published under a permissive license so
people can just use them for modelling in FlightGear without violating
any license or terms of use, some modeller(s) even negotiated with the
publisher of a website which lists prominent scyscrapers (I don't
remember the name any more), some people are taking photographs just
for the purpose of creating models in FlightGear   just to present
a few examples.

 (Before you ask, there have been cases over this, by the Belgian 
 copyright authority trying to sue anyone who published photographs of 
 Brussels' Atomium structure, claiming a derivative work off the 
 copyrighted design of the architect.)

That's an interesting case and we probably had a similar one recently
in Germany.  Did they try to sue anyone who *published* these
photographs (on their private Picasa/Flickr/Panoramio or other albums)
or just those who *sold* photographs ?

Cheers,
Martin.
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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Robin van Steenbergen
Op 12-3-2012 15:26, Martin Spott schreef:
 That's an interesting case and we probably had a similar one recently 
 in Germany. Did they try to sue anyone who *published* these 
 photographs (on their private Picasa/Flickr/Panoramio or other albums) 
 or just those who *sold* photographs ? Cheers, Martin. 

They actually tried to sue anyone who published photographs of the 
Atomium, either on their personal blog or on album accounts. Probably 
through some kind of automated crawler script which was programmed to 
send angry letters to anyone who posted a similar looking photograph.

Needless to say, most of it is pure FUD, but unfortunately, civilians 
don't have the legal means to defend themselves against the enormous 
amounts of leverage big copyright holders can throw at it.

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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread TDO Brandano

I think that the licence status notice on Wikipedia's Atomium photograph page 
pretty much explains it all:

http://en.wikipedia.org/wiki/File:Atomium_20-08-07.jpg



 Date: Mon, 12 Mar 2012 16:17:55 +0100
 From: stone...@stoneynet.nl
 To: flightgear-devel@lists.sourceforge.net
 Subject: Re: [Flightgear-devel] Willfully violating Google Terms of Use
 
 Op 12-3-2012 15:26, Martin Spott schreef:
  That's an interesting case and we probably had a similar one recently 
  in Germany. Did they try to sue anyone who *published* these 
  photographs (on their private Picasa/Flickr/Panoramio or other albums) 
  or just those who *sold* photographs ? Cheers, Martin. 
 
 They actually tried to sue anyone who published photographs of the 
 Atomium, either on their personal blog or on album accounts. Probably 
 through some kind of automated crawler script which was programmed to 
 send angry letters to anyone who posted a similar looking photograph.
 
 Needless to say, most of it is pure FUD, but unfortunately, civilians 
 don't have the legal means to defend themselves against the enormous 
 amounts of leverage big copyright holders can throw at it.
 
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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread Alan Teeder


-Original Message- 
From: Robin van Steenbergen
Sent: Monday, March 12, 2012 3:17 PM
To: flightgear-devel@lists.sourceforge.net
Subject: Re: [Flightgear-devel] Willfully violating Google Terms of Use

They actually tried to sue anyone who published photographs of the
Atomium, either on their personal blog or on album accounts. Probably
through some kind of automated crawler script which was programmed to
send angry letters to anyone who posted a similar looking photograph.

Needless to say, most of it is pure FUD, but unfortunately, civilians
don't have the legal means to defend themselves against the enormous
amounts of leverage big copyright holders can throw at it.

--
See http://en.wikipedia.org/wiki/Atomium for details and links.

I wonder how many of their court cases were won?

Alan

Alan 


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Re: [Flightgear-devel] Willfully violating Google Terms of Use

2012-03-12 Thread David Van Mosselbeen

Check this: http://atomium.be/?lang=en#/AuthorsRights.aspx?lang=en
That's the power of aberration, abuse of rights, abuse of free
expression/freedom... and whatever you may imagine.
About any software (including googlemaps/google earth) which put in
abusive protective license. Add in, no reverse engineering allowed...,
trying to understand what we stole is not allowed. Is just to protect
themselves because they aren't the copyright holders of the whole product
they provide. Not sure if even a click me to agree button is really of any
real legal value. After all, you didn't printed, nor signed each other and
send back to the authors the contract/agreement. Just to say so.
Agreements needs to be written.

It's just all about if you have money to defend you, or not. In case if
it's really needed. Laws are just 50 years behind the reality. Full of
holes to be filled in, or taken by those who need it.

Fabulously, that such atomic mess didn't made noise at all here.

Regards,
David

On Mon, 12 Mar 2012 15:25:06 -, Alan Teeder ajtee...@v-twin.org.uk
wrote:
 -Original Message- 
 From: Robin van Steenbergen
 Sent: Monday, March 12, 2012 3:17 PM
 To: flightgear-devel@lists.sourceforge.net
 Subject: Re: [Flightgear-devel] Willfully violating Google Terms of Use
 
 They actually tried to sue anyone who published photographs of the
 Atomium, either on their personal blog or on album accounts. Probably
 through some kind of automated crawler script which was programmed to
 send angry letters to anyone who posted a similar looking photograph.
 
 Needless to say, most of it is pure FUD, but unfortunately, civilians
 don't have the legal means to defend themselves against the enormous
 amounts of leverage big copyright holders can throw at it.
 

--
 See http://en.wikipedia.org/wiki/Atomium for details and links.
 
 I wonder how many of their court cases were won?
 
 Alan
 
 Alan 
 
 

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Re: [Flightgear-devel] Willfully violating Google Terms of Use under the FlightGear umbrella ?

2012-03-12 Thread Andreas-Z
Hi, I'm the one who asked about the legal situation of using elevation data 
from a topographic map.


http://www.flightgear.org/forums/viewtopic.php?f=5t=15711p=152972sid=0383829e2324ecb1bc0c0ed67655e826#p152945

I checked with the institution that provides these maps and they said 
they're _not_ free for me to use for scenery modelling.

Now I have some more questions:
1. Is it legal to model an aircraft using a flight manual, or a flight test 
data sheet?
2. Would it significantly improve the accuracy of the terrain model if I 
built it using SRTM-3 or CORINE data, or is the elevation data of the 
standard scenery already based on this data?

Thanks in advance!
Andreas
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Re: [Flightgear-devel] Willfully violating Google Terms of Use under the FlightGear umbrella ?

2012-03-12 Thread Torsten Dreyer
Am 12.03.2012 18:25, schrieb andrea...@gmx.net:
 Hi, I'm the one who asked about the legal situation of using elevation
 data from a topographic map.

 http://www.flightgear.org/forums/viewtopic.php?f=5t=15711p=152972sid=0383829e2324ecb1bc0c0ed67655e826#p152945

 I checked with the institution that provides these maps and they said
 they're _not_ free for me to use for scenery modelling.

 Now I have some more questions:
 1. Is it legal to model an aircraft using a flight manual, or a flight
 test data sheet?
 2. Would it significantly improve the accuracy of the terrain model if I
 built it using SRTM-3 or CORINE data, or is the elevation data of the
 standard scenery already based on this data?

I don't think there is a need to discuss this in two places, the forum 
and here. The legal questions here have been discussed before, no need 
to start from scratch.

Torsten

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