[Foundation-l] Copyrighted maps and Derived works from copyrighted sources.

[James Alexander]

The use of the google maps (and other copyrighted maps) are restricted and
derivatives of those maps similarly restricted. However what the actual geo
points that you may get from those systems are not restricted (because they
are not copyrightable).

It is an understandable confusion to be honest, they understandably try to
claim copyright over any derivative they possibly can, the fact remains  In
many ways them attempting to claim copyright over any derivative work isn't
a problem (in this regard) because they just can't claim copyright over
those points. Well they can CLAIM whatever they want but a copyright claim
on the geo points is useless, as W.J said you can also get them from USGS or
other sources if you'd prefer but I wouldn't be worried about it (and I
don't think we should change our stance on it).

The issue of being worried about actual maps being uploaded under the wrong
license is completely understandable and a separate issue, I know I've
nominated at least a couple that I found to be from a source that wasn't
free and is definitly something we need to be watchful for. I do know though
that there are alot up there that are based on free USGS maps and the like
that ARE legitimate (though they should say where they are derived from.

James Alexander
james.alexander at rochester.edu
jamesofur at gmail.com
100 gmail invites and no one to give them to :( let me know if you want one
:)



On Wed, Mar 31, 2010 at 4:29 PM, jamesmikedupont at googlemail.com <
jamesmikedupont at googlemail.com> wrote:

> Now some background :
> Today, I found a map of Albania with no sources mentioned , and
> currently I am working on mapping Albania. That is why I bring this
> up. With all these maps in wikipedia, how can the authors possible be
> the creators of the whole map, there are very few cases of maps that
> are usable under a creative commons sharealike license, and wikipedia
> seems to have many of them that might be infringing.
>
> About the point extraction,
> I started to extract points months ago to import into OSM, but I
> stopped because of concerns about importing from google data.
>
> Now on the issue is that of derived works and tracing, feature extraction.
>
> let me quote wikipedia on this:
> http://en.wikipedia.org/wiki/Google_Earth
> Currently, every image created from Google Earth using satellite data
> provided by Google Earth is a copyrighted map. Any derivative from
> Google Earth is made from copyrighted data which, under United States
> Copyright Law, may not be used except under the licenses Google
> provides.
>
>
> On the the other side , may of the geoeye licenses who provide
> information to google maps have this clause:
> http://gs.mdacorporation.com/products/sensor/irs/GeoEyeEULATier2007.pdf
> Other Derived Works (vector extraction, classification, etc.) have no
> restrictions on use and distribution. Reduced resolution data sets
> (RRDS) with ratios of 16:1 or higher shall have no restrictions on use
> and distribution, but shall contain the copyright markings.
>
> The google maps TOS:
> http://www.google.com/intl/en_ALL/help/terms_maps.html
>
> 2. Restrictions on Use. Unless you have received prior written
> authorization from Google (or, as applicable, from the provider of
> particular Content), you must not:
> (a) access or use the Products or any Content through any technology
> or means other than those provided in the Products, or through other
> explicitly authorized means Google may designate (such as through the
> Google Maps/Google Earth APIs);
>
>
> (b) copy, translate, modify, or make derivative works of the Content
> or any part thereof;
>
>  --- Well we are copying the location of items from google.
>
> (c) redistribute, sublicense, rent, publish, sell, assign, lease,
> market, transfer, or otherwise make the Products or Content available
> to third parties;
>
> (e) use the Products in a manner that gives you or any other person
> access to mass downloads or bulk feeds of any Content, including but
> not limited to numerical latitude or longitude coordinates, imagery,
> and visible map data;
>
> ---Well if I import all the points from wikipedia, it is equivalent to
> such a mass import.
>
> (f) delete, obscure, or in any manner alter any warning, notice
> (including but not limited to any copyright or other proprietary
> rights notice), or link that appears in the Products or the Content;
> or
> (g) use the Service or Content with any products, systems, or
> applications for or in connection with (i) real time navigation or
> route guidance, including but not limited to turn-by-turn route
> guidance that is synchronized to the position of a user's
> sensor-enabled device; or (ii) any systems or functions for automatic
> or autonomous control of vehicle behavior.
>
> --- So the navigation functions from openstreetmap coupled with points
> of interest from wikipedia could fall under that.
>
>
> So, I think that the usage of the google maps is very restricted and
> we should look into this more.
>
> thanks,
> mike
>
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