[OSM-legal-talk] Legal status of certain mapping activities

[Paul Norman]

On 9/16/2015 6:03 AM, Toggenburger Lukas wrote:
> Case 1:
> Is it legal/desired to look up the address of a particular POI on online maps like Bing map (https://www.bing.com/maps/), search.ch (http://map.search.ch), Google Maps (https://www.google.ch/maps/) or Swiss cantonal geoportals to determine in which building a POI is situated? The coordinates would not be copied digitally, instead the now identified building would be traced and added to the OSM database using sources such as Bing Aerial Imagery in JOSM/iD and the POI data would then be added.
Systematic extraction of locations from these sources could infringe 
database rights. In the case of Google, they explicitly prohibit this.
> Case 2:
> Assuming the website of the POI is showing a picture of the POI itself. Is it legal/desired to look for the POI on aerial imagery and determine the correct building, e.g. by outline, surroundings, or roof-color? (Case 2a: Aerial imagery is from Bing; Case 2b: Aerial imagery is from another service mentioned above.)
Using aerial imagery without a suitable license isn't an option. Not 
sure on 2a
> Case 3:
> If the building where the POI is situated is not present in the OSM database yet, but the person who wants to add the POI knows its exact position, is it legal/desirable that the POI is added anyway?
Yes, adding POIs is desirable. For example, I added the local library 
from my knowledge of where it is, acquired through living in the area.

> Case 4:
> My understanding is that we in OSM take a very cautious approach when using sources other than (our own) surveys, local knowledge and sources with explicit permission. Assuming there is a website of a POI containing information we would like to map. Let's say: phone number, postal address, e-mail address, operator's name, a link to the operator's Facebook page and a hand-drawn map (alternatively: a copyrighted map with a marker)
A hand-drawn map is a copyrighted map, and would presumably also have a 
marker, so there is no difference here.
>   from which we can derive the POI's building (as in case 2).
Case 2 was talking about a photo, not a map.
>   Wouldn't we need to ask every single POI/website operator for permission before mapping these things? If no, what's the difference to case 1? (This may seem as trolling but actually came up as rationale in a recent discussion.)
The difference is in database rights.

My view on the 4th case is that you should not use the map on the page, 
but only add information to a POI where you know the website you're 
looking at is the website of the POI, e.g. add contact information after 
doing a survey. You shouldn't use it as the sole source of information 
to add a POI.