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 like that from google, so that's the difference.

regards
Peter

Am 06.11.2012 10:21, schrieb Janko Mihelic':
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 <vladimir.vysko...@gmail.com <mailto:vladimir.vysko...@gmail.com>>


    On 5 nov. 2012, at 23:39, Cartinus <carti...@xs4all.nl
    <mailto: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 service from
    Google. The
    > rules in relation to that, are the rules for business
    transactions, not
    > those of copyright.
    >
    > Just like Openstreetmap has rules that say you are not allowed
    to scrape
    > tiles from our tileserver, Google has rules that say when you are
    > allowed to use their services.

    Yes and they say I'm not allowed to copy all or parts of the
    provided material (images,...) and also that I can't make
    derivative work. When I interpret what I can see in Street View
    photos and write it down I'm doing neither of these !

    >
    >
    >
    > On 11/05/2012 11:25 PM, Vladimir Vyskocil wrote:
    >> 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 view images and noting some
    facts we can see in them like street names,... can't be seen as
    derivative work.
    >>
    >> And :
    >>
    >> "
    >> When does derivative-work copyright exist?
    >> For copyright protection to attach to a later, allegedly
    derivative work, it must display some originality of its own. It
    cannot be a rote, uncreative variation on the earlier, underlying
    work. The latter work must contain sufficient new expression, over
    and above that embodied in the earlier work for the latter work to
    satisfy copyright law's requirement of originality.
    >> "
    >>
    >> It's clear that Google's photos in street view have no
    originality at all, they are just facts. Using some information
    everybody can see in those images isn't a creative process either.
    >>
    >> In the light of those definitions of derivative work, I can't
    understand how one might see a infringement of google terms of use
    when OSM contributors look at Google Street View photos to verify
    some facts (street names, signs, ...)
    >>
    >> Regards,
    >> Vlad.
    >>
    >> Le 5 nov. 2012 à 16:42, Frederik Ramm <frede...@remote.org
    <mailto:frede...@remote.org>> a écrit :
    >>
    >>> 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 Google's terms of use do not permit making
    derivative works of their imagery and distributing them.
    >>>
    >>> As a project, our general approach to any situation where
    something was not totally clear legally has always been to err on
    the side of caution. If someone says that we cannot use this data
    then we won't, even if there are people who say that it might
    still be legal to do so.
    >>>
    >>> So don't use Google Street View for mapping unless you have
    explicit permission from Google to do so.
    >>>
    >>> Bye
    >>> Frederik
    >>>
    >>> --
    >>> Frederik Ramm  ##  eMail frede...@remote.org
    <mailto:frede...@remote.org>  ##  N49°00'09" E008°23'33"
    >>>
    >>> _______________________________________________
    >>> talk mailing list
    >>> talk@openstreetmap.org <mailto:talk@openstreetmap.org>
    >>> http://lists.openstreetmap.org/listinfo/talk
    >>
    >>
    >>
    >> _______________________________________________
    >> talk mailing list
    >> talk@openstreetmap.org <mailto:talk@openstreetmap.org>
    >> http://lists.openstreetmap.org/listinfo/talk
    >>
    >
    > --
    > ---
    > m.v.g.,
    > Cartinus
    >
    > _______________________________________________
    > talk mailing list
    > talk@openstreetmap.org <mailto:talk@openstreetmap.org>
    > http://lists.openstreetmap.org/listinfo/talk


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