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

Wed Mar 31 20:29:59 UTC 2010

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