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#1 2008-07-30 8:23 pm

Nefarious
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Google retreats a bit in face of Street View lawsuit

http://www.thesmokinggun.com/archive/ye … ogle1.html

First 

Arguing that technology has ensured that "complete privacy does not exist," Google contends that a Pennsylvania family has no legal grounds to sue the search giant for publishing photos of their home on its popular "Street View" mapping feature.

but then

In their lawsuit, the Borings charged that a Google vehicle--outfitted with a panoramic camera on its roof--drove down a private road to take images of their Oakridge Lane home. In its dismissal motion, Google noted that it intends to prove that there was "no clearly marked 'Private Road' sign at the beginning" of the Borings's street.  Google removed its "Street View" photos of the Boring residence and swimming pool after the couple filed its lawsuit in April.

Hey Google, this is a really good way to piss people off.   Maybe people will switch to www.cuil.com  if  cuil gets their act together.

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#2 2008-07-30 8:57 pm

Aqua Man
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From: Purgatory
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Re: Google retreats a bit in face of Street View lawsuit

Easy fix to keep google off your private road:

Get a 'Private Road' sign.

Really, I don't see much "retreating" going on here.  Google removed these alleged illegal photos during some rather minor litigation. 

And this being a good way to piss people off?  How many people live on unmarked private roads that would be so upset as to switch web-searching services over some "unremarkable" photos of their house?  My guess would be not enough to even register against Google's user base.

An un-issue as far as I see it.

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#3 2008-07-31 8:17 am

pottymouth
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From: JP, MA
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Re: Google retreats a bit in face of Street View lawsuit

They should have just replaced the photo from that section of the road with this
http://tbn0.google.com/images?q=tbn:o0LSEw87JOJbiM:http://www.mediabistro.com/prnewser/original/Douche.jpg

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#4 2008-07-31 8:30 am

user
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From: I'm not getting you down, am I
Registered: 2001-10-15
Posts: 14551

Re: Google retreats a bit in face of Street View lawsuit

I was walking down a road in the NC mountains with a friend and we noticed a drive going up a hill into the trees. Any dwelling was completely out of sight. I asked my friend who lived up there.

He replied that he didn't know, and furthermore, someone who would live up a hill like that probably didn't want anyone to come calling. "He's likely to answer with a shotgun", he said.


Aw, he's no fun, he fell right over.

Unless you become as little children, there's no way you will believe this crap.

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#5 2008-07-31 9:49 am

Mr. T
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From: omnipresent
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Re: Google retreats a bit in face of Street View lawsuit

The family was certainly justified in complaining, since it was a private road.  But the road still should've been marked; it was an honest mistake on Google's part.


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#6 2008-07-31 9:54 am

thumbprint
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Re: Google retreats a bit in face of Street View lawsuit

I'm not on a private road and I do not want Google taking pictures of my house. I don't mind the overhead satellite view at all, but I consider the street-side images an invasion of my privacy. Aren't there surveillance laws that prohibit this?


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#7 2008-07-31 9:58 am

pirloui
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Re: Google retreats a bit in face of Street View lawsuit

I'm all for privacy, but I don't see how street view, that anyone else have anyway, is so invasive..


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#8 2008-07-31 10:07 am

mrreet2001
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From: NW Ohio
Registered: 2005-05-25
Posts: 2642

Re: Google retreats a bit in face of Street View lawsuit

It's not like it's live. Its a friggen photo, taken from a public road (well not in the case of the OP) I don't understand the huge problem. If you don't want people to see your house ... go move to a remote mountain somewhere. /rant


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#9 2008-07-31 10:28 am

thumbprint
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Re: Google retreats a bit in face of Street View lawsuit

I'm all for privacy, but I don't see how street view, that anyone else have anyway, is so invasive..

A couple things to consider:

1. There's a big difference between a) my neighbors being able to see my house when they go outside to walk their dog or whatever, and b) the entire world being able to see my house at any time for any reason, from the convenience of their own homes.

2. What if the Google pictures show parts of the inside of your house through a window(s)? Wouldn't you consider pictures of the inside of your house a privacy issue? Where is the line drawn between the two?

3. It would give thieves an easier way to scope out potential houses to rob, without even having to walk through the neighborhood. They'd have a world of houses to look at, right at their fingertips.

4. It may be against the law where you live.

5. Do you really feel comfortable with the idea of a complete stranger walking around taking pictures of your house and property?


Anyway, mrreet2001, there's really no need to rant about anything here, we've all got our own opinions smile

Last edited by thumbprint (2008-07-31 10:38 am)


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#10 2008-07-31 10:44 am

mrreet2001
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Re: Google retreats a bit in face of Street View lawsuit

thumbprint wrote:

5. Do you really feel comfortable with the idea of a complete stranger walking around taking pictures of your house and property?

A. I have nothing to hide  and
B. I live on  a PUBLIC road ... anyone can be there.


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#11 2008-07-31 11:15 am

sturner
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Re: Google retreats a bit in face of Street View lawsuit

It's not an invasion of privacy to take pictures of a house from a public area.

It is an invasion of privacy to take your photo for comercial usage and use it without your permission.

It's not against the law to take photos of anything or anyplace, unless there are security reasons or laws prohibiiting it. Pretty much financial, governmental installations and military installations are the ones that are protected by law.


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#12 2008-07-31 11:17 am

mrreet2001
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Re: Google retreats a bit in face of Street View lawsuit

sturner wrote:

It's not an invasion of privacy to take pictures of a house from a public area.

It is an invasion of privacy to take your photo for comercial usage and use it without your permission.

It's not against the law to take photos of anything or anyplace, unless there are security reasons or laws prohibiiting it. Pretty much financial, governmental installations and military installations are the ones that are protected by law.

QFT


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#13 2008-07-31 11:38 am

ScifiterX
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Re: Google retreats a bit in face of Street View lawsuit

mrreet2001 wrote:

sturner wrote:

It's not an invasion of privacy to take pictures of a house from a public area.

It is an invasion of privacy to take your photo for comercial usage and use it without your permission.

It's not against the law to take photos of anything or anyplace, unless there are security reasons or laws prohibiiting it. Pretty much financial, governmental installations and military installations are the ones that are protected by law.

QFT

Agreed

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#14 2008-07-31 12:41 pm

thumbprint
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Re: Google retreats a bit in face of Street View lawsuit

A. I have nothing to hide  and
B. I live on  a PUBLIC road ... anyone can be there.

I don't have anything to hide, either. But having something to hide and wanting people to respect my privacy aren't the same thing. It's my house, my property, my car in the driveway, etc. If someone wants to post pictures of it all online for the world to see, they should need my permission to do so.

(

It's not against the law to take photos of anything or anyplace, unless there are security reasons or laws prohibiiting it. Pretty much financial, governmental installations and military installations are the ones that are protected by law.

With due respect, and no offense intended, unless you're a judge or an attorney, you don't know that for certain. In fairness, neither do I. I am going to find out what the law states on this issue in my state when I get a chance.

Anyway, if you folks disagree with me, that's fine. To each his/her own smile

(And just for the record, I'm NOT anti-Google in case anyone's wondering. I only have a problem with this.)

Last edited by thumbprint (2008-07-31 1:29 pm)


=================================
I'm sorry I need this DISCLAIMER:
=================================
All my opinions are just that. Opinions. Chances are you won't agree. Chances are they won't apply to you. Even if we're arguing I'll still try to respect your opinions.

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#15 2008-07-31 3:19 pm

D'Eyncourt
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Re: Google retreats a bit in face of Street View lawsuit

sturner wrote:

[snip]
It is an invasion of privacy to take your photo for comercial usage and use it without your permission.
[snip]

I'm not sure that "invasion of privacy" is the correct term here. Perhaps violation of implied copyright that you as the owner automatically have, but even then I think that that copyright is limited. If your house was in the background of a movie/commercial I was making such that it wasn't directly involved in the scene (e.g., a couple talking while walking down a suburban street, as opposed to my actors walking up to your door and pretending to knock on the door), then I think that you wouldn't have much of a case to complain.


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#16 2008-07-31 3:43 pm

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Re: Google retreats a bit in face of Street View lawsuit

Sorry, but I'm with Thumbprint on this. I  don't like the notion of potental robbers being able to scope out my house from thier homes. Also; what if I want to swim with a lady friend nude? wink Don't need peeping toms looking in. I want and expect my privacy in my own home. I should not be looking in the sky to see if somebody is looking at me like some nut job.


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#17 2008-07-31 3:50 pm

ScifiterX
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Re: Google retreats a bit in face of Street View lawsuit

CG5Addict wrote:

Also; what if I want to swim with a lady friend nude? wink

That's what privacy fences are for.

CG5Addict wrote:

I should not be looking in the sky to see if somebody is looking at me like some nut job.

If you see a car in the sky, you are the least of the driver's concerns.

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#18 2008-07-31 3:53 pm

D'Eyncourt
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Re: Google retreats a bit in face of Street View lawsuit

CG5Addict wrote:

Sorry, but I'm with Thumbprint on this. I  don't like the notion of potental robbers being able to scope out my house from thier homes. Also; what if I want to swim with a lady friend nude? wink Don't need peeping toms looking in. I want and expect my privacy in my own home. I should not be looking in the sky to see if somebody is looking at me like some nut job.

Um, you don't know what Google Street View is, do you? It isn't at all the same as using Google maps to spot naked people.


BOYCOTT SONY

"I think the question now is not whether you went to Vietnam or whether you didn't, whether you fought in the war or fought against the war. I think the only question is whether we can find a president smart enough never to make a mistake like that again"--Molly Ivins, way back in 1992

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#19 2008-07-31 3:53 pm

pottymouth
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From: JP, MA
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Re: Google retreats a bit in face of Street View lawsuit

thumbprint wrote:

It's not against the law to take photos of anything or anyplace, unless there are security reasons or laws prohibiiting it. Pretty much financial, governmental installations and military installations are the ones that are protected by law.

With due respect, and no offense intended, unless you're a judge or an attorney, you don't know that for certain. In fairness, neither do I. I am going to find out what the law states on this issue in my state when I get a chance.

Anyway, if you folks disagree with me, that's fine. To each his/her own smile

I can't argue with your wish for privacy, but legally I don't think you have much of a position. What you're talking about is the reasonable expectation of privacy. Look it up. Basically, if it can be seen from public property it's not private. I became aware of this when a security guard at a building downtown tried to confiscate my camera when I was taking pictures of the building. It was just neat architecture. I was jsut taking pictures. I didn't know what the big deal was. The guy hassled me and threatened to call the cops. I was pretty sure he had no right to do that but I really didn't give a smurf about his stupid building so I just erased the pictures and he was fine with that.

Of course I went straight home and looked it up and found plenty of information about photographer's rights all saying that with the exception of some government installations (and low angle shots up women's skirts...damn!) if it can be seen from public property it cannot be considered an invasion of privacy.

...oh and now that I know, I'm dying for a fight but nobody's smurfed with me since. hmm

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#20 2008-07-31 4:08 pm

Susie
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Re: Google retreats a bit in face of Street View lawsuit

this is an interesting question for me because i live on a pretty famous park in San Francisco, and tourists are there all day long taking pictures of these houses as well as the other big houses and buildings nearby, including the one i live in. they come by the busload, constantly.

and then there's the people who live at 710 Ashbury, aka the old Grateful Dead house. so many people come take pictures of that every day. they even have a little gate in front of their front steps to discourage people from re-creating this famous Dead photograph. although people do it anyway.

i don't think any of us could sue. is there a difference between tourists taking personal snapshots, Google collecting images for its site, and maybe a pro photographer taking shots of the architecture around Alamo Square and selling them as postcards?

one more thing to consider: the actual address numbers used in Google Street View are approximate. if you find my building on Street View, the address given isn't actually my street address.

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#21 2008-07-31 5:06 pm

ukimalefu
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Re: Google retreats a bit in face of Street View lawsuit

http://img293.imageshack.us/img293/2240/googlebrothersk1.jpg

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#22 2008-07-31 5:17 pm

jkahless
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From: Right in front of you.
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Posts: 9376

Re: Google retreats a bit in face of Street View lawsuit

thumbprint wrote:

A. I have nothing to hide  and
B. I live on  a PUBLIC road ... anyone can be there.

I don't have anything to hide, either. But having something to hide and wanting people to respect my privacy aren't the same thing. It's my house, my property, my car in the driveway, etc. If someone wants to post pictures of it all online for the world to see, they should need my permission to do so.

If you want to have privacy in a place that is within public view, build a damn fence.


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#23 2008-07-31 5:43 pm

ScifiterX
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Re: Google retreats a bit in face of Street View lawsuit

jkahless wrote:

thumbprint wrote:

A. I have nothing to hide  and
B. I live on  a PUBLIC road ... anyone can be there.

I don't have anything to hide, either. But having something to hide and wanting people to respect my privacy aren't the same thing. It's my house, my property, my car in the driveway, etc. If someone wants to post pictures of it all online for the world to see, they should need my permission to do so.

If you want to have privacy in a place that is within public view, build a damn fence.

I could've sworn I said something to that effect earlier.

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#24 2008-07-31 5:51 pm

jkahless
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From: Right in front of you.
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Re: Google retreats a bit in face of Street View lawsuit

ScifiterX wrote:

jkahless wrote:

thumbprint wrote:


I don't have anything to hide, either. But having something to hide and wanting people to respect my privacy aren't the same thing. It's my house, my property, my car in the driveway, etc. If someone wants to post pictures of it all online for the world to see, they should need my permission to do so.

If you want to have privacy in a place that is within public view, build a damn fence.

I could've sworn I said something to that effect earlier.

Good points bear repeating, and I should read an entire thread before I respond.  But that's so much work.  tongue


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#25 2008-07-31 6:49 pm

thumbprint
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Registered: 2003-06-22
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Re: Google retreats a bit in face of Street View lawsuit

If you want to have privacy in a place that is within public view, build a damn fence.

The difference again is between my neighbors and local passersby (people I know)... and the entire world. Not that I'm rich or important or anything like that, I just don't want pictures of my property online. I did read some articles however and apparently Google will remove any such pictures if you request it. smile

Pottymouth, thanks for the terminology "reasonable expectation of privacy" smile I did look it up and the law seems a bit muddy. I read that in my state you can't sue *for damages* if someone takes pictures of your house/property, but it wasn't so clear on if you can sue to *cease and desist*.

Anyway, if Google holds true to removing pictures upon request, then that's good enough for me personally. I still think they ought to have to request permission first.


PS: I don't have the money to build a damn fence tongue

Last edited by thumbprint (2008-07-31 6:51 pm)


=================================
I'm sorry I need this DISCLAIMER:
=================================
All my opinions are just that. Opinions. Chances are you won't agree. Chances are they won't apply to you. Even if we're arguing I'll still try to respect your opinions.

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