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NYC & SF iPod Subway Map Controversy

scruffy323 writes "NYC and San Francisco are claiming copyright violations for freely distributed subway maps." From the Wired piece: "More than 9,000 people downloaded the map, which was viewable on either an iPod or an iPod nano, before Bright received a Sept. 14 letter from Lester Freundlich, a senior associate counsel at New York's Metropolitan Transit Authority, saying that Bright had infringed the MTA's copyright and that he needed a license to post the map and to authorize others to download it."

5 of 361 comments (clear)

  1. Re:Technically, they're right by oncehour · · Score: 5, Insightful

    Once again, it's a case of corporations trying to protect the status quo, more than it is of an actual individual problem occuring with this instance. To not kneejerk at this instance would be to have it thrown into their face if someone else stole their intellectual property. Additionally, if the maps were released to a widespread audience freely for a significant amount of time, any hope at commercial opportunities for using the map would have pretty well been destroyed. It may not be a likely scenario, but an example of the logic that could have lead to this.

    Personally, I believe maps should have their own subsection within Intellectual Property laws. People do need an incentive to make them generally, but with aerial photographs, this is getting easier and easier as time goes on. Blueprinted building and track ways makes this even more trivial, and once you get down to it, a map is just a graphical representation of the factual geography of a location. I believe the subway company could do better to just pick up a few advertising contracts, brand the maps with advertising, and release under the Creative Commons.

    However, based on the current corporate mindset around adapting to technology and kneejerk reactions to the words "file-sharing" this sort of idea is probably long off.

  2. It is kind of a grey area... by joshiz · · Score: 5, Interesting
    While there is a separate private company formed for the NY subway, it still is a quasi-public agency, subsidised (at least in part) by taxpayers through various taxes on fuel, sales, property, etc. Simply by letting anyone into the Metro system (whether they pay a fare and use a train or not), they are agreeing it is a publicly available sysetem. With that in mind, the maps are subject to being copied under "fair use" criteria. If someone was using them to profit, to attack the subway system, or any other use that would be harmful -- then I could understand an argument against such a use, but in this case, they are being used for the same reason as their original intent -- so people can find and plan where they are going.

    I would argue if complete systemwide paper maps were available for free on every train, then there would be no need for people to download them for use on their iPod. Or, better yet, if the NY Transit Authority made the maps available for download then it wouldn't be a problem either. In SF there is a fully downloadable hi-res pdf of the entire MUNI map so how can they argue what platform you are using it on?

    As far as the London Journey Planner (as it is called there), I could understand their defense because they have spent million of dollars and countless person-hours developing that map, the typeface, the signs that go in the trains, etc. Certain elements were invented by that very London Underground map and while they may seem obvious to us now, before that, most transport systems did not have an adequate graphical language for representing their systems until the London Journey Planner came to be. With that in mind, the London Transit Authority could sue every major city in the world for copyright infringement so I think this really has no merit.

    If something is working for the greater good and works, it becomes very hard to stake a claim for it and win. We shall see.

  3. Re:Technically, they're right by CptTripps · · Score: 5, Funny

    That was my thought too...it's not like they are SELLING the maps. I'd venture a guess that only about 5%-10% of the people that rids that system every day have an iPod, and lets say 5% of them have the map...are they REALLY loosing anything?

    To the Subway iPod thingy Programmer: Shame on you for not asking first...but nice job

    To the Subway People: Shame on you for being this petty.

    To the Subway Restaurants: I'll take a Cold-Cut Combo with Lettuce, Green Peppers, Black Olives, and Salt & Pepper.

    --


    My .sig can beat up your honor student.
  4. Re:Farewell, free country! by aussie_a · · Score: 5, Interesting

    Can anybody explain what is the public benefit in suing people like this?!!

    1) They're not suing, they sent a cease and desist, he complied.

    2) He had the incorrect information on his website, so 9,000 people used an outdated map.

    3) They're broke, and they're issuing licenses to desperately seek money. The public benefit (and this is arguable, as they may be a really shitty company and the public benefit might be them to become bankrupt) is that by not breaking the law and abusing their copyright, they will be able to reap money from their labour and continue to provide the service to the citizens of their city.

  5. Re:Feh by jmichaelg · · Score: 5, Insightful

    The problem is that the material is copyrighted at all. The map is public information created by a public agency for public dissemination. This case is an example of public agencies wasting public resources.

    The only beneficiary of copyright in this instance is some petty bureaucrat who can claim his/her job is important to the public weal. The public "servant's" next step will be to ask for an increase in funding so he can hire his/her wife/husband/son/daughter/nephew/... to reformat the maps to meet this new "public demand" for public information.

    I feh on your feh and whomever ordered the cease and desist to be written in the first place.