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They only view and make calculations against publically available data. The DMCA would only be helpful if they were sharing said photo.
by wolco 7y ago
They only view and make calculations against publically available data. The DMCA would only be helpful if they were sharing said photo.
- voxic11 7y agoNo copyright law applies to the copying of a work, not its distribution. If they made any copies of the work (which they would have to if they were loading them into memory for processing) then they need to comply with copyright law. > "The court determined that a copy of a program made from a hard drive into RAM for purpose of executing the program was, in fact, a copy under the Copyright Act." see https://en.wikipedia.org/wiki/MAI_Systems_Corp._v._Peak_Computer,_Inc.#Copyright_issues https://en.wikipedia.org/wiki/MAI_Systems_Corp._v._Peak_Comp...
- wolco 7y agoBut these are public photos offered by facebook under that license. Anyone visiting the profile will have a copy of said public photo in there cache. That in itself doesn't trigger a copyright act because the photo is licensed for that act. Reusing the image would trigger copyright protections as the licease granted to facebook doesn't cover that. It would be the same as downloading a trial program with images. You can use them in the game, you can make calculations on those images (they are this big, they are classifed as tree, face, etc) but you can't include them in your game.