[OSM-talk] Data copied from Google Maps
ce-test, qualified testing bv - Gert Gremmen
g.gremmen at cetest.nl
Mon Nov 5 12:06:55 GMT 2012
Martin wrote:
> The terms and conditions apply to who uses the Google service,
Do they actually ? If their terms would state that you owe Google
one dollar for each picture, would that hold in court ?
In what way the current terms are different from asking money....
Any pay site makes you pay before access, just because of the
ambiguity of contracting IP-numbers.
For a contract to be valid the 2 parties need to agree, that means
that at least a "click" "I agree" is needed, backed up by a traceable
link to an individual.
For the rest I agree with your interpretation of getting content out of
the pictures
is not the same as copying.
Gert
-----Oorspronkelijk bericht-----
Van: Martin Koppenhoefer [mailto:dieterdreist at gmail.com]
Verzonden: Monday, November 05, 2012 11:20 AM
Aan: Robin Paulson
CC: OSM Talk
Onderwerp: Re: [OSM-talk] Data copied from Google Maps
2012/11/5 Robin Paulson <robin at bumblepuppy.org>:
> let's say there are 100,000 people involved in OSM. each copies one
> name from google (so, not in her/his eyes a mass download). the OSM
> database then contains 100,000 pieces of data which are sourced from
> google. this then does constitute a mass access of data, and is
> definitely outside their terms and conditions.
I am not sure it is. The terms and conditions apply to who uses the
Google service, which in your example are the single mappers. If each of
these uses the service to get one name I doubt that this is a breach of
the ToS. It would be different if the OSMF encouraged or coordinated the
single mappers, I agree.
IMHO if you choose from a huge pile of non-artistic photographs some
single objects depicted and then write about them, you are copying
nothing, for sure you are not copying the photograph. "write about it"
would be applicable also to someone making a drawing of stuff he
selected and where he put descriptive tags on contained elements he
selects. You are not copying Google's photographs, you are not tracing
their photographs, you are not "copying" from them IMHO.
> and by the way, whoever it was using the phrase "memory aid" does not
> change what is happening. it is copying data whatever linguistic
> gymnastics you go through to try and justify it, and is thus not ok.
> as someone else said, you want the data, go collect it.
It is not "copying" data, because it is the mapper who creates the
_data_ by his own interpretation and selection of things that are -
besides an infinite amount of other things - contained in a gigantic
series of photographs. If you read ten books about something and then
write about your own thoughts and conclusions from your reading, using
your own words, are you copying the books? Is it possible to forbid
this? I doubt it.
cheers,
Martin
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