[Tagging] How to map terrace buildings with names

Matthew Woehlke mwoehlke.floss at gmail.com
Wed Jul 8 14:39:30 UTC 2020


On 08/07/2020 10.32, Matthew Woehlke wrote:
> On 08/07/2020 10.21, Chris Hill wrote:
>> Google's Terms of Use prevent us reusing their Streetview in OSM, see 
>> section 2d.
> 
> "Apart from any license granted to you by Google, your use of the 
> content may be acceptable under principles of 'fair use.' Fair use is a 
> concept under copyright law in the U.S. that, generally speaking, 
> permits you to use a copyrighted work in certain ways without obtaining 
> a license from the copyright holder."
> 
> This smells a lot like how Red Hat prevents people from cloning them. 
> Namely, they can't, because they don't have a legal leg to stand on as 
> far as enforcing copyright claims against anyone doing so. What they 
> *can* do is revoke the rights to use *their* services.
> 
> So, okay, I can see an argument that "copying" makes your use of Google 
> maps unauthorized. I still can't see an argument where Google could come 
> after OSM.

Moreover, it would be interesting to see a court weigh in on 2b vs. 2d, 
and what exactly constitutes "use". If I look at *content* in Google 
Maps, and then copy that *content* as permitted by 2b, am I "using" Maps 
in a way that 2d prohibits?

It seems pretty clear that if I were to use the Maps *software* to 
create e.g. shapefiles that I then imported into OSM, that would violate 
2d. It's much less clear that merely using Maps to cross-check *facts* 
would fall under 2d rather than 2b.

-- 
Matthew



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