[OSM-legal-talk] Using Google Street View to perform "virtual survey"

jonathan jonathan at bigfatfrog67.me
Mon Apr 7 15:16:28 UTC 2014


This is obviously a legal grey area and until it ends up in court I 
suspect it will remain a grey area.

However, I feel what IS black and white is that if we were to 
"officially" use Google StreetView or any non-open source to build our 
data then we should expect a lawsuit from Google or any other owner of 
said service/medium/technology.  Also, we should remember that their 
legal budget will be much bigger than ours.

In my opinion, we can only have one stance and that is such services are 
not available for us to use as a source for our database.

We should, however, approach Google et al and ask them if they prohibit 
such use, I'm sure they'll say that we can't use it, but at least we'll 
know.

To use any such service without express permission risks EVERYTHING, we 
would be leaving a door open for Google et al to file against us in the 
future and OSM could just descend into a legal black hole. Google would 
love that!

We MUST be whiter than white.  The Open in OpenStreetMap is a 
responsibility as well as a right and to protect that right we must act 
responsibly.

Jonathan

http://bigfatfrog67.me

On 05/04/2014 16:50, Paulo Carvalho wrote:
> 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.2F....3F 
> , 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
>
>
> _______________________________________________
> legal-talk mailing list
> legal-talk at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk

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