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Gaia Project Agrees To Google Cease and Desist 323

Dreben writes "Gaia, an opensource project to develop a 3D API to Google Earth, has decided to comply with a request from Google. The search giant's Chief Technologist, Michael Jones, contacted the project with a request to cease and desist from all past, present and future development of the Gaia project. Amongst other things, they cited 'improper usage of licensed data,' which Google licenses from assorted third party vendors. They are going so far as to request anyone who has ever downloaded any aspect of Gaia to purge all related files. From the post to the freegis-l mail list: 'We understand and respect Google's position on the case, so we've removed all downloads from this page and we ask everybody who have ever downloaded gaia 0.1.0 and prior versions to delete all files concerned with the project, which include source code, binary files and image cache (~/.gaia).' How does such a request, likely to have turned into a demand, affect fair usage? While the API is intended to interface with the the Google Earth service, Google Earth is nothing without the data. Yet at the same time, Google openly publishes their own API which uses the same data in the same manner."
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Gaia Project Agrees To Google Cease and Desist

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  • by troicstar ( 1029086 ) on Saturday November 25, 2006 @06:58PM (#16987338)
    especially to small time users. It would have generated goodwill. I'm sure their agreements with the 3rd party providers didn't stipulate not to allow other api's to be developed, merely (ab)use of the dataset by said apis. Grey areas would benefit both parties.
  • Re:Qua? (Score:3, Interesting)

    by cycoj ( 1010923 ) on Saturday November 25, 2006 @07:03PM (#16987376)
    Well I disagree. Google is putting the data freely available on the net. They should not be able to prevent users from using that content. What if microsoft suddenly decides to have all it's servers only provide content to IE, and then threaten firefox developers because they develop a program which is able to access their content. On a different note google is reusing quite a significant amount of publically available image data as well AFAIK. If you read the notice on the Gaia site it is also not quite clear what Google mainly objects to. They talk about reverse engineering and improper use of license.
  • by mr_matticus ( 928346 ) on Saturday November 25, 2006 @07:23PM (#16987530)
    No. Spam is being bombarded with unsolicited messages which you didn't want in the first place. What Google and Google News and Froogle, et al. do doesn't affect the owner at all, except generating more traffic to their site. People go to the site intentionally, and they click links intentionally, and doing so takes them to your site, so you still collect all the ad revenue and you still control the content.

    If Google were contacting or somehow interfering with site owners, your analogy would make sense.
  • by pestilence669 ( 823950 ) on Saturday November 25, 2006 @07:58PM (#16987734)
    This isn't evil, it's a requirement of Google's data suppliers. They signed contracts with providers to give map & satellite data of the globe away for free. How satellite imaging providers agreed to this is beyond me. Getting photos like Google Earth uses can be quite expensive (the whole launching satellites thing). In any case, Google pulled it off. They're probably paying some good penny to do it too.

    I don't get the objection here. Google gives this stuff away including an API. Open API's were unheard of until Google came around. Somehow, the providers agreed to that as well. That's not enough? They should also become a conduit for everyone that wants to use Google's licensed data as they please?

    This is why I don't write open source software anymore. The expectations of the community often far outweighs what they're entitled to.
  • Re:Qua? (Score:3, Interesting)

    by martin-boundary ( 547041 ) on Saturday November 25, 2006 @08:59PM (#16988284)
    That's a pretty interesting argument, there. If you take it to its logical conclusion, you'd have to say that Google (and Yahoo, MSN etc) are operating search engines illegally, since they are clearly making unlicensed use of nearly all the crawled pages they have in their search engine index. It's a fair position to take, but where do you go from there?
  • Re:Qua? (Score:2, Interesting)

    by cycoj ( 1010923 ) on Saturday November 25, 2006 @09:14PM (#16988376)
    Google is not making the data freely available -- it is encrypted
    That is simply wrong, if that was the case gaia would not be working. The gaia guys simply reverse engineered the google earth protocol, so that they could get the content. Perfectly legitimate and legal(at least in Russia, most of Europe) IMO. Now if google does not want people to access that data they should encrypt it.
  • by tubapro12 ( 896596 ) on Saturday November 25, 2006 @09:51PM (#16988632) Journal
    If you build a big billboard along a superhighway saying "Joe's Diner: Chicken Sandwich $5" you shouldn't sue someone for saying "Joe's Diner has chicken sandwiches for $5." Its all information, its all 1s and 0s; it shouldn't matter whether its stored as a JPEG or an HTML, or a MP3 for that matter.
  • by Sancho ( 17056 ) on Saturday November 25, 2006 @10:42PM (#16988928) Homepage
    I've long argued that this is entirely unreasonable and what's most broken about the legal system when it comes to IP law. It's not how the world works today but I believe that there should be control over the profits/fruits of the IP created but not of the IP itself. The entire IP system is meant to guarantee innovation isn't stiffled. Instead companies focus on guaranteeing their profits even if that means killing off innovation.

    It's hard to say. Certainly there would be more innovation if anyone was allowed to use the data of these images willy-nilly, but would the images themselves ever have existed?

    Say I want to map out my hometown using aerial geography. That's a fairly large undertaking, requiring a plane, probably multiple camera, and almost certainly multiple passes over the area. If I'm expected pay for the costs of acquiring those photos, but I can't expect to even break even (because someone can take my data and release it for free), then I have less incentive to spend the money required to acquire the data. We don't get innovation on the use of this data until such time as the data is acquired, and that can be a costly venture.

    In the case of books, it's even darker. The only material value a fiction book has is in the paper it's printed on (or the cost of bandwidth, if I release it online). Other than that, any initial investment comes strictly at an opportunity cost (my time). The entire value of the book is wrapped up in its IP, because copies have a trivial cost (compare to 200 years ago, when printing books had a significant cost). To me, this means that intellectual property laws are even more important today, though they should be significantly reduced in temporal length. The ease of duplication means that there is virtually no replication cost, and very little distribution costs (given electronic sales). Any sale can be virtually pure profit, meaning the time to make up the opportunity cost of creating the work is reduced.

    For movies and music which typically have an up front, material cost, things change a bit, but still largely hold true. I'd guess (pulling the number out of my--well, you know) that 90% of the money that a film will earn is generated within the first 10 years, certainly within the first 20. Before duplication and distribution were so easy, a lot of the earnings would be eaten up in materials. Without those costs, again, it's much easier to make up the initial investment and turn a nice profit in a shorter period of time.

    I'd be really ecstatic if there were stricter controls even than we have now--as long as the length of copyright was reduced drastically and keys were escrowed with the government and released at the end of the copyright term.
  • Re:Qua? (Score:5, Interesting)

    by ben there... ( 946946 ) on Saturday November 25, 2006 @11:21PM (#16989156) Journal
    Google is actually being pretty generous in providing a Google Earth/Maps API as they're going out on a limb licensing content from other vendors. There's a reason all of the images have Google logo watermarks or watermarks of the company that collected the data.

    I used to work for one of the companies named in those watermarks, who provides GIS datasets of the US and a few other countries. They purchase datasets from smaller companies/localities and merge and improve them to provide data to Google, in-car nav companies, and routing for businesses. One dataset that we had purchased from a county government cost the company $30,000. Almost all of the datasets required the company to agree to a Data Usage Agreement. Every street, water, rail, etc. segment that was modified in our database was tagged with the source of the data. I designed the database that cataloged those datasets, imagery, and maps to record the restrictions of each dataset. I was not privy to our sales contracts, but I would assume sales to Google involved passing along many of the same Data Usage Agreements, for a much larger amount of data and of course a much larger sum of money.

    And our work probably wasn't nearly as expensive as sending satellites into space like the data from Space Imaging. Their Data Usage Agreements are likely even more limiting, and their data more expensive. My former employer buys satellite images from Space Imaging and more accurate aerial imagery from USGS flyovers to improve the accuracy of their GIS datasets, but they do not produce or distribute the images themselves.

    Google did the right thing in abiding by the contracts they signed to license the data from companies like mine. We are already fortunate enough that Google absorbs the cost of that data to provide it through their API like they do, and that Google even managed to negotiate a contract allowing its use through their API.
  • Guys... (Score:4, Interesting)

    by Shados ( 741919 ) on Sunday November 26, 2006 @05:11AM (#16990490)
    Google pays for that data, and they are bound by contracts and license agreements to only use it in certain ways. While i'm sure part of the decision is for their own benifits, it still doesn't change that most likely, as part of the agreement, Google has a responsability to make sure that data isn't used in ways that did not conform with said agreement.

"Only the hypocrite is really rotten to the core." -- Hannah Arendt.

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