Originally posted by jro I sympathize with your position but think you're overstating the case. Photosynth is really just a way of organizing photographs based on some of the data the image contains.
It's much more than that...
Originally posted by jro This data is not copyrightable. (For example, while a picture of a sculpture you've taken is copyrightable, the location you've taken the picture from is not.)
True, the location the photo was taken from is not copyrightable, but as you admit, my image is. If they want a photo, let them take their own or, use someone's who has given away their copyright.
Originally posted by jro It's similar to an index, the end result of which is that you wind up looking at the original photograph. While the present version presents that original photo by itself, it would be trivial to, say, utilize a low-res, obscured version that links to the web page containing the original instead.
Yep, they present the original and probably do not attribute the owner... I actually would not object to a low rez version linking to my website, but this is not what they are after. Their application stitches multiple photographs as seamlessly as possible to in the inventors words, "make something that is greater than the sum of the parts".
Originally posted by jro Photosynth is thus just a very fancy version of Google Image Search. (For some reason, I suspect you don't much like that, either.)
I don't mind traditional image search tools since they link to my website.
Originally posted by jro This is very different from the "hole patching" technology you mentioned in the other thread. That use is more akin to "sampling" in music, for which explicit permission is (almost always) necessary.
Another point: allowing the usage of a photograph for such a project does not necessitate that the image be made public domain. Flickr is actually very good about making users aware of the copyright issues entailed by posting their photos online, and provides easy ways to "copyleft" your posts there to allow this sort of use while still retaining the copyright of the image.
The point is, the Photosynth people should either have explicit permission to use an image in their application/service (say by clicking "I give all rights to my image to Photosynth for use of this image or group of images" or only use images which the creators have placed into the public domain knowingly and voluntarily. Oh, and by the way... there is no such thing as "photoleft".
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Now, I don't use FLICKR and with all that is going on, I will never use FLICKR. My photos are on websites which clearly state that all photos are the property of the photographer and that any use must be approved in advance. Any of my photos end up in their virtual world and they'll be talking to my lawyers. Will I win against Microsoft? Possibly not, but just because Bill Gates could buy and sell me for the change in his pocket, that still does not make it right or ethical.
Last edited by MRRiley; 10-06-2007 at 03:25 PM.
Reason: corrected quote from photosynth speaker