I don't think that a publicly available database means that you can use their data without consent. In Germany any collection of data might fall under the protection of copyright (or you could even patent a data collection, if I am not mistaken). Telephone books, for example, are free for anyone. But you can't go ahead and scan the pages and provide a service that parses through the data. My guess is that the sources…
In Canada, raw data (such as telephone book listings) are not copyrightable[0]. The graphics and layout of the phone book pages are, but the data is not. [0] http://www.lmlaw.ca/copyright_raw_data.pdf
If Google had a gun… (or – shoot your developers first, ask questions later)
11–19 of 19 posts
Re: If Google had a gun… (or – shoot your developers first, ask questions later)
#12I don't think that a publicly available database means that you can use their data without consent. In Germany any collection of data might fall under the protection of copyright (or you could even patent a data collection, if I am not mistaken). Telephone books, for example, are free for anyone. But you can't go ahead and scan the pages and provide a service that parses through the data. My guess is that the sources…
In Canada, raw data (such as telephone book listings) are not copyrightable[0]. The graphics and layout of the phone book pages are, but the data is not. [0] http://www.lmlaw.ca/copyright_raw_data.pdf
Re: If Google had a gun… (or – shoot your developers first, ask questions later)
#13Welcome to working with large corporations. Not only does the left hand not know what the right hand is doing, the fingers are pretty much in the dark, too.
Re: If Google had a gun… (or – shoot your developers first, ask questions later)
#14Earlier quoted context omitted.
In Canada, raw data (such as telephone book listings) are not copyrightable[0]. The graphics and layout of the phone book pages are, but the data is not. [0] http://www.lmlaw.ca/copyright_raw_data.pdf
Same in the US, as I understand it.
The most important case in this area is FEIST PUBLICATIONS, INC. v. RURAL TELEPHONE SERVICE CO., 499 U.S. 340 (1991). In this case, the Court rejected the idea that copyright is meant to reward effort (the so-called "sweat of the brow" theory) and they based this on Constitutional considerations rather than on a reading of the copyright statute. The Constitution requires that there be some creativity, although they said that the amount required is not very much--a spark of creativity is enough.
In the case of Feist, what was being copied was a telephone book. The entries consisted of all subscribers, in alphabetical order, and the company that produced the book was required by law to produce it. The Court said that there was no creativity in this, and so there could be no copyright even though making the directory took considerable time and money.
If the directory had been a subset of subscribers, selected in some way that shows creativity, arranged in some creative way, then copyright would have been possible.
Re: If Google had a gun… (or – shoot your developers first, ask questions later)
#15"He told him that we could not share any non-public 3rd party contact information without the explicit consent of that 3rd party. Although this is much stricter than the strictest legal opinions we had – we had no choice but to abide." So you reluctantly stopped stealing people's data? It's hard to have sympathy when you're complaining about Google protecting people's privacy!
Re: If Google had a gun… (or – shoot your developers first, ask questions later)
#16"He told him that we could not share any non-public 3rd party contact information without the explicit consent of that 3rd party." The European Data Directive, which Google is subject to, does prohibit this practice. Enforcement on this in the EU is sketchy but Google is already under the microscope in the EU for many other practices. And their revision of only pulling from public sources isn't quite that clear. If t…
Re: If Google had a gun… (or – shoot your developers first, ask questions later)
#17Looking at this from Google's perspective I can't really blame them for what they're doing although its unfortunate they aren't being more forthcoming with you. Your app, while a great idea, has serious privacy ramifications and Google will receive a lot of the backlash if its covered by mainstream media in an unfavorable light.
further more to remove yourself from white pages listing you need to pay a monthly fee.
Re: If Google had a gun… (or – shoot your developers first, ask questions later)
#18I don't think that a publicly available database means that you can use their data without consent. In Germany any collection of data might fall under the protection of copyright (or you could even patent a data collection, if I am not mistaken). Telephone books, for example, are free for anyone. But you can't go ahead and scan the pages and provide a service that parses through the data. My guess is that the sources…
Re: If Google had a gun… (or – shoot your developers first, ask questions later)
#19Earlier quoted context omitted.
In Canada, raw data (such as telephone book listings) are not copyrightable[0]. The graphics and layout of the phone book pages are, but the data is not. [0] http://www.lmlaw.ca/copyright_raw_data.pdf
I remember a German or European court ruling that states that as soon as a measurable effort is needed to collect the data it might be protected by copyright--could even be the effort to create a management or collection software. At least, I think that was the case but I might be mistaken. Also, I do not remember what kind of data collection this related to in the first place.