[OSM-legal-talk] Own Photo altered Metadata - Google

[Kathleen Lu]

Since they said twice that this was only a hypothetical and
theoretical question, I *don't* think they're doing anything at all,
much less anything they're actually uneasy about.

On Thu, Feb 18, 2021 at 1:26 PM Simon Poole <simon at poole.ch> wrote:
>
>
> Am 18.02.2021 um 21:50 schrieb Kathleen Lu via legal-talk:
> > I see no restrictions or legal rights that Google could claim.
>
> I don't think that was the actual point of the question.
>
> They are doing something they feel uneasy about, speculating that google
> wouldn't notice in any case, and wanted somebody to sooth their fears of
> consequences if they are caught.
>
> So while this is not something that would likely ever lead to a claim,
> the person in question is obviously interested in exploring grey areas,
> and is likely to expand this further and the answer to that can only be
> "don't".
>
> Simon
>
>
> > On Wed, Feb 17, 2021 at 10:45 PM Vincent Veldman <vincent at veldman.me> wrote:
> >> Dear All,
> >>
> >> The following is a theoretical question.
> >>
> >> It is known that google doesn't allow google data as source for adding information to other map databases like OSM.
> >>
> >> Here's the case-situation :
> >>
> >> 1) user makes photos with his own phone
> >> 2) there's tons of software out there that allows you to alter the metadata, including geolocation.
> >> 3) assume the user uses an app to change the geolocation by 20m, and this app relies on data from google
> >> 4) since both google store, apple store and sourceforge allow these programs I'm going to assume that's all legal.
> >> 5) later the user decides to upload the photo to mapillary
> >> 6)later someone else uses mapillary that photo to add data to OSM
> >> 7) the user using his own notes, gpx data to add the notes, but using the photo, not the metadata of the photo, to correctly describe the node.
> >> Gpx of user is used
> >> Existing OSM location data on other nodes is used for the relation of the New node
> >> Photo on mapillary is used
> >> Metadata on mapillary is used to find the right photo more easy, but since on the photo it's hard to determine distances photo geolocation is NOT actually used to actually determine the node location, just to find the proper photo more easy.
> >>
> >> In what regard, would this be legal or not legal to use that photo on mapillary to add data to OSM.?
> >>
> >> Again this is a hypothetical and theoretical question, as not using the geolocation of the photo to add data, but only to locate the photo, using own GPX data for location, it's practically impossible for google even know the geolocation of the photo has been altered using their imagery.
> >>
> >> But this question isn't about proving, it's purely theoretical and hypothetical.
> >>
> >> Basically the google imagery/location data to move the photo Metadata is used in the same way one would use google search engine:locate the data/photo but the data/photo itself isn't from google but from the user/supplier of the data.
> >>
> >> Thanks in advance
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