4 ms·
There is a bunch of laws that govern what someone who has innovated, developed, and authored can and can't dictate; they're called "intellectual property laws".
by cookiecaper 11y ago
There is a bunch of laws that govern what someone who has innovated, developed, and authored can and can't dictate; they're called "intellectual property laws". Even if they've collected it, Google does not own information about the road system; facts themselves, like "Road A exists at lat X and long Z", cannot be copyrighted.
See Feist v. Rural Telephone for more on this. The only reason application of Feist is generally limited in cases of online access is because we have a theory that accessing a publicly available database containing phone numbers is akin to accessing someone else's private property, and therefore they can dictate whatever they want under theories like trespass to chattels, whereas consulting a printed telephone book in your home is decidely not accessing the phone company's property.
This is a pernicious, subtle issue now that we're becoming so dependent on online access provided by someone else's servers instead of accessing printed documents that we possess in our homes. Possession is 9/10 of the law, as they say. We need to rethink how "possession" applies to digital resources.
Likewise, there are laws around how much access a private property owner must grant to members of the public, especially if that property owner is running a business that is generally accessible to the public. Private property owners are allowed to declare some people trespassers, but each jurisdiction has different laws surrounding what the public can do on private property and when a trespass is allowable. For example, California's state constitution guarantees the right to hold reasonable protests in private shopping centers that are generally accessible to the public, whether the property owner likes it or not.
No one is saying there is a requirement for another business "to help invest" in any other; there may be requirements not to interfere with someone else's business by attempting to block what is otherwise public and freely available access to non-copyrightable information.
IANAL.
Routebuilder is fortunate that OpenStreetMap has collected much of the same data and that they can just code against a different API and continue to operate.
- detaro 11y agoby attempting to block what is otherwise public and freely available access to non-copyrightable information. Mapping data is not "non-copyrightable information".
- cookiecaper 11y ago"Mapping data" is too broad of a term, because it probably includes a lot of copyrightable information. However, the factual basics, like GPS coords, are not copyrightable.
- detaro 11y agoAn individual data point maybe not, but even something like "there is a road between X1,Y1 and X2,Y2" you can't just extract from Google Maps and put in OSM, at least not multiple times. There are surprisingly few generally usable data sources (some government datasets that have been put under open licenses, Microsofts permits to use Bing's aerial photography as a basis for OSM, ...)
- cookiecaper 11y agoI'm not sure if OSM really needs to be as cautious as they are. I don't see how you could argue that "Main St begins at X1, Y1" and "Main St end at X2,Y2" is a single copyrightable work instead of 2 separate non-copyrightable facts. The sentence or package which contains these two separate data points may be a unique work that qualifies for copyright protection, but the raw data points aren't once you separate them out. Open-source projects have a history of being hyper-sensitive to these concerns so that they never have to waste time with lawyers lobbing IP claims. A certain distribution derived from the sources released by a prominent North American enterprise Linux vendor comes to mind, as does WINE's refusal to accept any code from anyone who has any relationship with or connection to Microsoft whatsoever.
- maxerickson 11y agoGoogle has clear TOS that disallow copying data so it isn't just about copyright, and EU database rules are anyway a much bigger concern than US copyright law. OpenStreetMap needs to be useful for everyone, not just people in jurisdictions with more liberal copyright laws.
- detaro 11y ago