[josm-dev] Fwd: Filter Google from Imagery?

[Anthony]

On Fri, Jan 28, 2011 at 9:31 AM, Ian Dees <ian.dees at gmail.com> wrote:
> On Fri, Jan 28, 2011 at 8:10 AM, Anthony <osm at inbox.org> wrote:
>>
>> On Fri, Jan 28, 2011 at 2:59 AM, Frederik Ramm <frederik at remote.org>
>> wrote:
>> > Yes. It is certainly a problematic case but I am absolutely sure that
>> > the
>> > overwhelming use of Google in JOSM is to trace from it, compared to a
>> > negligible amount of non-copyright-infringing use.
>>
>> What argument do you have that tracing Google images is copyright
>> infringement?
>>
>
> Tracing Google Maps tiles is against their terms of use

I'm not sure that's true.  And I'm not sure it's enforcible even if it is true.

If openstreetmap wants to take that position, fine.  But JOSM is used
by more than just openstreetmap.

> , as is displaying
> them in an application other than a webpage via their Google Maps API.

That's a completely different argument from the one I was responding to, though.

And I'm still not sure how it's enforcible.  It's not like you have to
provide a username and password to access the tiles.  They're there
for everyone to view, through the standard HTTP.  If you want to take
a conservative legal position, you are free to do so, but you
shouldn't impose these restrictions on everyone else.

Just use a user-agent of JOSM, and if Google wants to block it,
they'll block it.

> For example, Google seems to be "willfully ignorant" of Wikimapia, who uses
> Google Maps API to offer a tracing system (mostly because Google could start
> monetizing the API by displaying advertisements if they wanted).

Or maybe they just realize they don't have a legal leg to stand on,
and you're the one who is ignorant, about the law.

> I imagine
> the story would be slightly different if we simply scraped the tile images
> (against ToU) into JOSM, even if it wasn't for tracing.

JOSM is software.  And it's used for more than just openstreetmap.




On Fri, Jan 28, 2011 at 9:54 AM, Pieren <pieren3 at gmail.com> wrote:
> On Fri, Jan 28, 2011 at 3:10 PM, Anthony <osm at inbox.org> wrote:
>>
>> What argument do you have that tracing Google images is copyright
>> infringement?
>>
>
> Perhaps the link below will help you:
> http://www.edparsons.com/2008/06/what-map-maker-is-is-not/
>
> especially the last comment from Ed

I don't see any legal argument on that page.  Perhaps you got the link
wrong and you meant http://www.systemed.net/blog/?p=100 ?