What's our opinion?

[fabiane]

Hi all,

Here are the facts:
as you might heard of, there's a package called Germany Visual Project. It's a phototreal scenery covering all Germany and has a very good quality. Nevertheless they've got copyright issue, which means here that they used Google Earth pics to get thier photoreal images. So they edited the Google Images and released their packega for free on some place on the web. BUT using the google images is pirating google.

So here's my question:
What are you thinking about it and what's our side's politics about it?

I'm just interested...,

Cheers,
Fabian
P.S.: Stay peaceful

[Boikat]

If Google owns the copyright and has a "user agreement", that pretty much settles it, even if it's freeware.  

*But*, an out for that may come under what is known as "fair use" (I think it's called).

*BUT* then again, if something is copyrighted, it's still "product"

I think the lawyers need to settle it.

[commoner]

...mmmm...Under the Help/licence tab on Google Earth you can read all about it........part of it states...

"1. USE OF SOFTWARE; RESTRICTIONS

Use of Software. For an individual end user, the Software is made available to and may be used by you only for your personal, non-commercial use according to these Terms of Service and the Software documentation. For a business entity end user or government entity end user, the Software may be used by you and your employees for internal use according to these Terms of Service and the Software documentation (individual, business, and government end users are collectively referred to as "You" herein). Restrictions. Except where you have been specifically licensed by Google to do so, You may not use the Software in connection with any products, systems, or applications installed or otherwise connected to or in communication with vehicles for or in connection with: (a) real time route guidance (including without limitation, turn-by-turn route guidance and other routing that is enabled through the use of a sensor); (b) any systems or functions for automatic or autonomous control of vehicle behavior; or (c) dispatch, fleet management or similar applications. You may not use the Software in a manner which gives you or any other person access to mass downloads or bulk feeds of numerical latitude and longitude coordinates. You may not use the Software for any bulk printing or downloading of imagery, data or other content."

Not a lawyer by any stretch of the imagination but that seems to me to say they were in the wrong to do this unless they had permission.........commoner

[Hagar]

Not a lawyer by any stretch of the imagination but that seems to me to say they were in the wrong to do this unless they had permission.........commoner

That seems plain enough & pretty conclusive to me & not exactly difficult to find. TERMS & CONDITIONS
It would have been a good idea to investigate further BEFORE starting on this project. It's quite possible that permission for a freeware project would have been given if requested & providing full credit to Google was given. They might even have featured it on the Google website. If not then at least the developers would know where they stood.

I'm curious as to why this has been raised now, apparently after the scenery has been released. Has someone at Google been asking questions?

[fabiane]

I'm with you guys, always ask fist for permission.....

I'm curious as to why this has been raised now, apparently after the scenery has been released. Has someone at Google been asking questions?

A German friend pointed me to the scenery but I didn't find it. I wanted to have some more informations and I did a search on the web and found nothing on avsin and the other sides, because the installer had been removed.

I then read on a German flightsim forum, that they don't discuss the scenery becaue of the copyright issues.

And I haven't read anything on this topic here so far so that's why I'm asking.

Cheers,
Fabian

[pete]

If Google are disputing (which I would be surprised about - it's a spec of dust in the world of Google) then there is an issue - otherwise not.

There is no end to copyright when you start thinking about it --- theoretically a HUGE chunk of freeware FS stuff uses copyrighted MSFS material - but no issue crated by MS (for obvious reasons) & therefore there is no issue. Period.

If the mud has settled on the pond floor - no point in stirring it - unless you are an idiot who can't see beyond your nose.

[machineman9]

In one respect, I think it is great. It will be fairly up to date images (depending on when the images were taken, of course) and they will be very good quality.

It is a good idea using something like that... but the bad idea is when you don't get clearance to use it.


Maybe Google should release their own brand of FS addons  ;)  (Oh wait. Don't the Google Earth images belong to someone else?)

[expat]

If the mud has settled on the pond floor - no point in stirring it - unless you are an idiot who can't see beyond your nose.

The world is full of people like that Pete, regardless of the subject matter. They do because they can

Matt

[Sir_Crashalot]

In my opinion Google can never have a copyright on pictures of the Earth. First of all Google never took those pics themselves. Most where taken by NASA. So if anybody has copyright on them it's NASA.

Second of all is the question if you can copyright pictures taken of the Earth. Who owns the Earth or has the exclusive rights on it?

If they would have build a flightsim using GoogleEarth software I could agree but now, no.

Crash

[expat]

In my opinion Google can never have a copyright on pictures of the Earth. First of all Google never took those pics themselves. Most where taken by NASA. So if anybody has copyright on them it's NASA.

Second of all is the question if you can copyright pictures taken of the Earth. Who owns the Earth or has the exclusive rights on it?

If they would have build a flightsim using GoogleEarth software I could agree but now, no.Crash

We don't say well a book cannot be copyrighted, who actually owns the letters of the alphabet do we. If NASA took the pictures, thus having copyright and gave/sold them to Google, the copyright would have been part of any deal. If the pictures are legally distributed by Google, then surely they can have a say on the copyright and what can be done with them. As for, who owns the Earth or has the exclusive rights on it? The first part cannot be answered, and the second, no one, but as on earth, surely if you took the photo or legally own it, you have copyright. If you want you own pictures, build a rocket.

Matt

[Groundbound1]

It's not that Google took or owns the photos or data, but rather they do own the servers and software that is responsible for the photo's and data's delivery. Like Pete said, if they wanted too, I'm sure they could pursue it, but it would likely cost them more that it's worth.

Now if the developers of the "Germany Visual Project" were to contact Google, it might not be that hard for them to obtain the right to use those images. Heck, CNN, the Weather Channel, and various other news stations use Google Earth in their programming, so they must not be that hard-nosed about it.

[machineman9]

Second of all is the question if you can copyright pictures taken of the Earth. Who owns the Earth or has the exclusive rights on it?

People don't have exclusive rights to bees and trees (most of them) yet people still photograph and copyright them.

It is their image to use. Okay the images were loaned from other organisations, but Google were allowed to use them.