iTree Canopy, Google Maps, Copyright (UK SPECIFIC)

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JonRobinson
Posts: 6
Joined: Thu Nov 08, 2012 6:45 am

iTree Canopy, Google Maps, Copyright (UK SPECIFIC)

Post by JonRobinson » Thu Nov 08, 2012 6:51 am

Could someone clarify for me the issue with creating points against google maps, and then exporting the data to use elsewhere?
It would seem that there might be a copyright issue - I would assume that this is covered in the licence that iTree have to use google maps, so that we the clients can then use derived data without infringing copyright.

Is that so? I would think that this is a major issue, that needs clarification before spending time doing a survey, only to find out that one can't then use the data created.

i can't find any copyright information on the iTree website (though to be honest I don't have time to spend hours trawling through every page looking for it)

if someone could point me to the relevant copyright page that would be most helpful.
Last edited by JonRobinson on Tue Nov 13, 2012 6:47 am, edited 1 time in total.
smaco
i-Tree Team
Posts: 66
Joined: Wed Dec 06, 2006 1:40 pm

Post by smaco » Thu Nov 08, 2012 6:28 pm

Hi Jon,

Thanks for your query and interest in i-Tree.

We believe that i-Tree, and specifically i-Tree Canopy, does not violate any aspect of Google’s Terms of Service for Google Maps. i-Tree is developed for public good and remains freely accessible as public domain software. To this end, we do not discourage any use of i-Tree that is compliant with our End User License Agreement:

“The software and associated documentation known as "i-Tree Software Suite" ("the Software") is hereby released to the Public Domain. Permission is granted to deal in the Software without restriction, provided proper credit is given to the i-Tree Cooperative ("the Cooperative"), consisting of the USDA Forest Service, Davey Tree Expert Co., National Arbor Day Foundation, Society of Municipal Arborists, International Society of Arboriculture and Casey Trees. Recipients may not assert any proprietary rights thereto nor represent it to anyone as their own work. No copyright is claimed in the United States under Title 17, United States Code.

The Software is provided "as is" without any warranty of any kind, either express, implied, or statutory, including, but not limited to, any warranty that the Software will conform to specifications; any implied warranties of merchantability, fitness for a particular purpose, or freedom from infringement; any warranty that the documentation will conform to the program; or any warranty that the Software will be error-free. The designation of any components of the Software as "Beta" indicates that the Cooperative understands that errors in functionality may be present. Users are expressly encouraged to test the Software and report back problems that are discovered.

The user assumes all responsibility for the accuracy and suitability of this program for a specific application. In no event shall the Cooperative be liable for any claims, damages, losses, injuries, lawsuits or other liabilities, whether arising from, out of or in connection with the Software or the use or other dealings in the Software, whether based on warranty, contract, tort or otherwise, whether sustained from, arising from, out of or in connection with, the results of, use of or other dealings in the Software or other services provided hereunder.

The user agrees that data input to be analyzed by the i-Tree model will be public-domain data that can be used and distributed by other groups. Data input into the model could be extracted for storage and potential use by the USDA Forest Service and possibly other groups or agencies. If data are used for analyses or reporting, credit will be given to the group who submitted the original data based on program registration information provided by the user. If for some reason data need to remain private, please contact i-Tree support and the i-Tree team will consider these requests on a case-by-case basis.”

Sincerely,
Scott
a member of the i-Tree Team
JonRobinson
Posts: 6
Joined: Thu Nov 08, 2012 6:45 am

Post by JonRobinson » Fri Nov 09, 2012 6:50 am

sorry - to clarify - I'm not in the US, I'm in the UK.

is your licence with google such that UK users can create data against google maps/aerial photography, and then use that derived data elsewhere?
smaco
i-Tree Team
Posts: 66
Joined: Wed Dec 06, 2006 1:40 pm

Post by smaco » Fri Nov 09, 2012 3:40 pm

Hi Jon,
We have no agreement with Google other than to abide by their Terms of Service for Google Maps.

Sincerely,
Scott
a member of the i-Tree Team
JonRobinson
Posts: 6
Joined: Thu Nov 08, 2012 6:45 am

Post by JonRobinson » Tue Mar 05, 2013 10:27 am

Having looked into this, and know someone who has been threatened with legal action from BlueSky for using derived data - I would suggest that anyone in the UK does not use iTreeCanopy to calculate percentage coverage as the derived data can then not be used in any publications. For instance you might put up on your website that you have 19.6% tree canopy coverage in your borough/council area - someone could see that and question how you obtained that information, you tell them you used iTreeCanopy, and you've broken the google licence agreement about using derived data.

Aerial imagery in UK google maps is owned by BlueSky - they don't like people using this for free, and try to sell you their product - Proximitree (which does a lot more than iTreeCanopy, but which I'm not endorsing here!)

I would suggest an open source approach with a standalone application that does something similar...
smaco
i-Tree Team
Posts: 66
Joined: Wed Dec 06, 2006 1:40 pm

Post by smaco » Tue Mar 05, 2013 7:59 pm

Hi Jon,
I understand that there are unresolved concerns about use of i-Tree Canopy in the UK with regards to users breaching Google's Terms of Use. At this point, we still believe that users of i-Tree Canopy--when used as intended--do not violate or breach Google's Terms of Use in any of the listed forms under their Restrictions on Use:

"2. Restrictions on Use. Unless you have received prior written authorization from Google (or, as applicable, from the provider of particular Content), you must not:
(a) copy, translate, modify, or make derivative works of the Content or any part thereof;
(b) redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Products or Content available to third parties;
(c) reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof, unless this is expressly permitted or required by applicable law;
(d) use the Products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data;
(e) delete, obscure, or in any manner alter any warning or link that appears in the Products or the Content; or
(f) use the Service or Content with any products, systems, or applications for or in connection with (i) real time navigation or route guidance, including but not limited to turn-by-turn route guidance that is synchronized to the position of a user's sensor-enabled device; or (ii) any systems or functions for automatic or autonomous control of vehicle behavior;
(g) use the Products to create a database of places or other local listings information."

When i-Tree Canopy is used as intended, there is no modification, redistribution, reverse engineering, mass downloading, or obscuring of content. Nor does Canopy provide routing or create databases of local places or listings.

Again, we are unaware of any use of i-Tree Canopy that is contrary to Google's Terms of Use.

Sincerely,
Scott
a member of the i-Tree Team
JonRobinson
Posts: 6
Joined: Thu Nov 08, 2012 6:45 am

Post by JonRobinson » Tue Apr 16, 2013 8:54 am

the important bit is "... make derivative works of the content or any part thereof;" 2(a)

the imagary used by google maps in the UK is owned by BlueSky. They think that the coverage values created by iTreeCanopy, are 'derivative works', and as such not allowed to be published without their consent.

No further comment.
dellings
i-Tree Team
Posts: 25
Joined: Thu Aug 21, 2008 2:12 pm

Post by dellings » Thu May 09, 2013 1:31 pm

I am not a lawyer so I am not going to argue the semantics of this issue. For those interested please see Google's Terms of Use and the Copyright, Designs and Patents Act 1988 as currently enacted in the UK. Interested parties may want to review Chapter I section 4 and Chapter III section 29.1 of the act in regards to this issue.

In accordance with Google's Terms of Service and the Copyright, Designs and Patents Act 1988, all copyright information for the imagery used by i-Tree Canopy is attributed to the copyright owner and displayed in the lower right corner of the map. i-Tree Canopy does not store or copy any of the imagery provided to it's users and we continue to maintain the position that we are unaware of any violation in regards to the terms and conditions provided in Google's Terms of Use and the Copyright, Designs, and Patents Act 1988 as it applies to users in the UK.
ecmscm
Posts: 1
Joined: Thu Oct 03, 2013 5:35 pm
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Post by ecmscm » Fri Oct 04, 2013 3:31 am

great post, thanks
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