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German Photog Wants to Shoot Buildings Excluded From Street View

crf00 writes with this report excerpted from Blogoscoped: "'Spiegel reports that German photographer and IT consultant Jens Best wants to personally take snapshots of all those (German) buildings which people asked Google Street View to remove. He then wants to add those photos to Picasa, including GPS coordinates, and in turn re-connect them with Google Maps. Jens believes that for the internet 'we must apply the same rules as we do in the real world. Our right to take panoramic snapshots, for instance, or to take photographs in public spaces, both base laws which determine that one may photograph those things that are visible from public streets and places.' Jens says that for his belief in the right of photographing in public places, as last resort he's even willing to go to jail. Spiegel says Jens already found over 200 people who want to help out in this project and look for removed locations in Google Street View, as there's no official list of such places published by Google."

327 comments

  1. Erm... by Anonymous Coward · · Score: 5, Insightful

    This doesn't seem to be a "The man is restricting our rights", more of a "people are nicely asking for some attempt at privacy", and this asshole (Jens Best) wants to say "FUCK YOU, I'm going to go against you because I can, even though you were nice enough to ask otherwise"

    1. Re:Erm... by hedwards · · Score: 5, Insightful

      I doubt that there's a reasonable expectation of privacy involved here. So consequently there is a right involved, whether or not he's an asshole, he does have a point. Previously you could take pictures of pretty much everything in public view.

    2. Re:Erm... by cappp · · Score: 2, Insightful

      But previously those pictures you took of things in public view would most likely end up in some boring slideshow that only you and your unfortunate friends would ever see. Now I can sit here in my boxers on a random Friday night and digitally stroll up and down a random street 3000 miles away. "Public view" was once local, in much the same way public was once "immediate and present." Using google maps in this way makes the entire internet community your viewing public, billions of potential watching eyes where once there were thousands.

      I'm not sure really how I feel about that, surely locals have the right to request their homes not be broadcast to the entire world? Is there some greater public good I'm not considering?

    3. Re:Erm... by Darkness404 · · Score: 1, Insightful

      Um, so you have the right to not have the exterior of your building viewed by anyone? I don't honestly see how that is any sort of right. Explain to me this "right" not to have pictures taken of your building? If Google came on your private land to take pictures, that is a problem, but you have no expectation and no right to privacy with the outside of your building. Don't like it? Build a fence or something.

      --
      Taxation is legalized theft, no more, no less.
    4. Re:Erm... by Darkness404 · · Score: 5, Insightful

      So? Does it really matter? People really over-analyze things, I'm sure that other people really think that everyone is watching your Twitter feed, the thing is, its all lost in the shuffle, just because someone -can- doesn't mean that someone will. I -could- go look at people's homes in Japan, that doesn't mean I will, just like someone -could- stalk someone using Twitter, but lets face it, no one cares you aren't suddenly so important that someone will spend time looking at your house.

      Unless you are the president or a singer or actor. No one cares.

      --
      Taxation is legalized theft, no more, no less.
    5. Re:Erm... by fredmosby · · Score: 2, Insightful

      Sometimes you have to be an asshole to stand up for yourself. For example, if someone politely makes an unreasonable request you should still say no.

    6. Re:Erm... by pspahn · · Score: 1

      and this asshole (Jens Best) wants to say "FUCK YOU, I'm going to go against you because I can,

      It's a two way street. (pun? sorry.)

      Living in glass houses, stones, all that stuff.

      --
      Someone flopped a steamer in the gene pool.
    7. Re:Erm... by Anonymous Coward · · Score: 1, Insightful

      Bullshit. Apparently Jens Best and 200 other people care.

    8. Re:Erm... by cgenman · · Score: 5, Insightful

      You can still take pictures of everything in public view, and so can Google. And Google is being nice and taking down their own photos if you ask them to. Maybe they got the photo when your son had his car up on blocks. Maybe they happened to photograph you just as you were doing something embarrassing. Maybe you're being stalked, and don't want someone to recognize your car in the driveway. Maybe you're just paranoid.

      Either way, Google is being nice by taking down photographs upon request. This is not a legal requirement, or censorship, or anything like that. Raging against people who ask to have buildings excluded from a commercial map application seems... misplaced somehow.

    9. Re:Erm... by iammani · · Score: 1

      Build a fence or something.

      But they could still photography my fence!!

    10. Re:Erm... by pspahn · · Score: 1

      Or they could photograph their privacy hedges and send them to me. Filling an image catalog of thousands of species of mature plants by myself is difficult enough. I can use all the help I can get.

      --
      Someone flopped a steamer in the gene pool.
    11. Re:Erm... by Anonymous Coward · · Score: 0

      make it be a mirrored fence.

    12. Re:Erm... by eldiabloencarne · · Score: 1

      Well whaddya know... It is a small world after all.

      --
      La vida vale puro chili
    13. Re:Erm... by trentblase · · Score: 4, Insightful

      This is exactly my thought. As far as I know, nobody is saying you CAN'T post photos of these homes. Google is just being nice and recognizing that some people may not like it. And the homeowners are reasonably taking Google up on the offer to remove photos. This guy is being a dick to those homeowners for the sake of what... documentary completeness?

    14. Re:Erm... by Ethanol-fueled · · Score: 1

      Just wait until Google makes deals with local governments and/or businesses to install a series of cameras.

      It'll be Street-view in real time and governments wouldn't complain as long as they have their piece of the eye. In the name of "national security," of course.

      And people may or may not care, but all it takes is one voyeuristic stalker-dickhead to make your day unnecessarily pleasant.

    15. Re:Erm... by Anonymous Coward · · Score: 0

      I don't think its about whether or not you have a "right" - noone has the "right" to view someone's house on Google Street view, as such, Google aren't infringing on anyone's "rights" either way they go - they are just being "nice" and removing photos people have asked be removed. Others have every "right" to go photo & publish again.

    16. Re:Erm... by KahabutDieDrake · · Score: 2, Insightful

      What, you mean like the thousands of cameras pointing at streets already? The ones I can click on and get an image, in real time, of that street? The ones the state DOT already operates on every major highway, freeway and intersection? Like those?

      What the hell are you afraid of exactly? That in the modern age of information someone COULD find out almost anything about you, where you are at any given moment and every word you've ever said online? I wonder if you are young enough to think that wasn't always possible.

    17. Re:Erm... by Anonymous Coward · · Score: 2, Insightful

      Raging against people who ask to have buildings excluded from a commercial map application seems... misplaced somehow.

      This is because you don't know the political context. Anti-Google rhetoric, especially concerning Street View, is commonplace right now in Germany, first and foremost by politicians of ruling and opposition parties, fueled by the publishers who don't like Google because they think Google News steals readers and ad revenue.

      The issue is perceived as defining the border between those who appreciate the Internet making theoretical rights practical, like the right to freedom of speech and the right to take photos in public, and those that consider the Internet a threat and would probably like it to go away.

    18. Re:Erm... by kiwimate · · Score: 4, Interesting

      Ever had a stalker? Sometimes people do care. It can be kind of frightening. Especially for a young woman.

      There's another side to this apart from the legal side. There's the community side, which is to say the common (? or not so much, any more, sadly) courtesy that makes the difference between a narcissist or an outright sociopath and someone who understands that sometimes, just because you can, doesn't trump "this person really doesn't want me to, is upset about it, and you know what, maybe I can have a bit of a heart and say okay".

      This gentleman may have the law on his side, but I would be quite impressed if he took the stance of "I'm going to be a human being and take another person's feelings into account". Call me old-fashioned or idealistic, but I think that may just make the world a better place, in some small way.

    19. Re:Erm... by wvmarle · · Score: 4, Insightful

      That I may not be important in your eyes doesn't mean I don't have a right to privacy.

    20. Re:Erm... by Ethanol-fueled · · Score: 1, Insightful

      What the hell are you afraid of exactly?

      I'm walking with a hot piece of ass. I get a surprise call from a private number and answer it and put it on speakerphone, because everybody likes me and nobody hates me. The caller, a familiar person of the opposite sex, says, "You're taking her to our place, Jerry. The one where you first asked me out. You told me you wanted a baby, Jerry. Did you fuck her in our bed, too?! " My date gasps in horror and then I have to jerk myself to sleep that night.

      But seriously, some of us consider creepy voyeuristic eyes crawling all over us to be negative attention, not positive. And, like the average gutter-slut, you consider both to be the same. Just leak your own sex tape and get your own "reality" show, for fuck's sake.

    21. Re:Erm... by iktos · · Score: 4, Insightful

      Fences is sort of what this is about, I think; Google photographs from a camera which is higher up than the conventional "public view".

    22. Re:Erm... by Zerth · · Score: 4, Funny

      I'd rather have a stalker that hangs out on Google Earth than standing in the bushes.

    23. Re:Erm... by martin-boundary · · Score: 1

      Isn't the decision to remove some photos a private agreement between Google and the people who ask for their photos to be removed? How is a third party, whether acting like an asshole or not, standing up for his own rights by interfering in that private agreement?

    24. Re:Erm... by westlake · · Score: 2, Insightful

      Unless you are the president or a singer or actor. No one cares.

      Unless you have a teenage daughter like Elizabeth Smart. The notion that only celebrities are stalked is nonsense.

    25. Re:Erm... by Mongoose+Disciple · · Score: 1

      So consequently there is a right involved, whether or not he's an asshole, he does have a point.

      That being the case, I still submit to you that he could choose to demonstrate his rights or make any number of other more important points without being an asshole.

      I support his right to be an asshole, and I support my right to call him an asshole for doing it. I also support the right of other people to non-violently produce consequences for his being an asshole if they believe he's an asshole; for example, not hiring him for work for which he's otherwise qualified.

      All these things work out in their way in a free society. Yay, civilization.

    26. Re:Erm... by Draek · · Score: 2, Insightful

      surely locals have the right to request their homes not be broadcast to the entire world?

      No, they don't, and that's why projects like this are needed. To remind people that fucking over photographers with paranoia and idiotic boogeymen is NOT a right, and shouldn't be in any society that calls itself Free.

      --
      No problem is insoluble in all conceivable circumstances.
    27. Re:Erm... by Anonymous Coward · · Score: 3, Insightful

      Amusingly, you call him a gutter-slut, when everybody reading this thread has the strong impression it's the other way around. Just so you know, how you communicate determines people's opinion of you; that might explain why people react to you the way they do.

    28. Re:Erm... by c0lo · · Score: 3, Insightful

      just like someone -could- stalk someone using Twitter, but lets face it, no one cares you aren't suddenly so important that someone will spend time looking at your house.

      It's irrelevant if others cares or not.
      I care, I own the place and I would prefer not to have an image of my home posted on the Internet without my permission. The problem in discussion is: do the fact that I care matters or not? (do I have a right to stop someone making public a photo of my home on the Internet?)

      --
      Questions raise, answers kill. Raise questions to stay alive.
    29. Re:Erm... by Draek · · Score: 5, Insightful

      Huh. And what happens to people's desire for a complete and detailed database of public places rather than one filled with holes "just because"? what happens to the feelings of photographers everywhere that wish to excercise their hobby, their profession, without harrassment from total strangers? why is it only one side that gets to screw over the others' feelings and sentiments? and why does it have to be the one that doesn't have the law on their side?

      Ohh, that's right. Because it's the one you agree with.

      --
      No problem is insoluble in all conceivable circumstances.
    30. Re:Erm... by Draek · · Score: 1

      Isn't the decision to remove some photos a private agreement between Google and the people who ask for their photos to be removed?

      Yup, and as such a matter concerning only Google and said person.

      How is a third party, whether acting like an asshole or not, standing up for his own rights by interfering in that private agreement?

      He's not interfering in that agreement as he's not bound by it, being neither a Google employee nor the party that requested the takedown in the first place.

      --
      No problem is insoluble in all conceivable circumstances.
    31. Re:Erm... by Sparr0 · · Score: 2, Funny

      Stiltwalkers of the world disagree.

    32. Re:Erm... by Sparr0 · · Score: 1

      Because five years from now when someone sues that asshole for posting such photos, he doesn't want them to be able to argue that this sort of censorship is common practice. "Everyone does it that way" is a compelling argument in some courts.

    33. Re:Erm... by Score+Whore · · Score: 1

      You familiar with your credit report? Do you know why it's not swapped around willy nilly among enterprising entrepreneurs? And why it doesn't store every single transaction you ever have made? It's not because of some really hard to get over problem or an immutable law of the universe. It's because society got together and thought that maybe having that kind of "permanent" record isn't a good thing. What makes you think that it's not probable that we'll come together and slap down Google, Microsoft, and pretty much any other "privacy for me, but not for thee" asshat that comes along? Put in place rules that say things like "you may not store logs longer than seven years" and "you may not create an anonymously accessible collection of photographs of private residences." There is a difference between someone standing on the street and looking at your house and someone clicking on a mouse in the privacy of their home and getting the same view. And even someone taking a picture that happens to have your home in the background and someone who made a specific point of taking pictures of everyone's home (except Eric Schmidt's home for some reason.)

    34. Re:Erm... by russ1337 · · Score: 1

      I'm not sure really how I feel about that, surely locals have the right to request their homes not be broadcast to the entire world? Is there some greater public good I'm not considering?

      Try telling that to all the reporters that gather outside your house after something happens in your neighborhood that attracts their attention...

    35. Re:Erm... by ptrace · · Score: 1

      I agree. As a matter of fact, the fact that a house or building is blurred-out will likely attract more attention from someone browsing Street View. This is similar to the fuss Barbara Streisand made about aerial photos of the Malibu coast that happened to include her house. The more noise she made about it, the more people flocked to the net to find out what the fuss was about. Thousands upon thousands of more people saw pictures of her house than ever would have had she just ignored it.

    36. Re:Erm... by Score+Whore · · Score: 1

      Build a fence or something.

      Go straighten out the local zoning ordinance that prevents me from building a fourteen foot wall all around the perimeter of my property and that might be a vaguely compelling argument. Until then perhaps you should maybe do a tiny bit of soul searching and see if you can stop arguing in bad faith, then you could spend a second to consider the difference between street view and your house being viewed from the street.

    37. Re:Erm... by Score+Whore · · Score: 1

      Everyone paying attention to Jens Best is Jen Best's goal. Duh.

    38. Re:Erm... by WillDraven · · Score: 4, Insightful

      And it also reminds people that making your house, or secret military base, or corporate headquarters, appear as an unexplained blank spot in an otherwise comprehensive public database draws more attention to you than leaving it there in plain view would.

      --
      This is my sig. There are many like it but this one is mine.
    39. Re:Erm... by stephanruby · · Score: 1

      No, it's more like some assholes asked for a public space to be privatized for their own benefit, but they didn't have the decent courtesy to ask everyone who owned that space, they only asked one person/one corporation -- the one who was taking the pictures.

    40. Re:Erm... by Tom · · Score: 2, Informative

      You can still take pictures of everything in public view, and so can Google.

      You're not up to speed. There is currently a public debate about whether or not there should be a law prohibiting Google from doing so. Several members of the government are involved in the debate, so it's not just hot air. The vice prime minister has come out on the "against pictures" side, though I don't recall if he's supporting an explicit law or not, as he's a libertarian and that would be strange, but then again in the realm of politics truth is stranger than fiction.

      --
      Assorted stuff I do sometimes: Lemuria.org
    41. Re:Erm... by Merls+the+Sneaky · · Score: 2, Interesting

      If they cared about privacy, they wouldn't draw attention to themselves. By distinguishing themselves out of the other millions of people who have had their place of residence indexed on google street view, they have effectively induced the Streisand effect.

      If their goal was to feel special then I say mission accomplished.

    42. Re:Erm... by nacturation · · Score: 3, Insightful

      surely locals have the right to request their homes not be broadcast to the entire world?

      No, they don't, and that's why projects like this are needed. To remind people that fucking over photographers with paranoia and idiotic boogeymen is NOT a right, and shouldn't be in any society that calls itself Free.

      Perhaps this photographer isn't going far enough. How about for every place that asked to have their imagery removed from Google Street View, register a domain name in their address (eg: 1234-Main-Street-Berlin-Germany.de) and have a 24x7 webcam pointed at the front of the house with live streaming video and the ability to browse back through interesting moments via motion sensor timestamps. After all, there's no right to privacy so why not go all the way and allow the entire world to watch someone's house all the time?

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    43. Re:Erm... by xpurple · · Score: 1

      How does that work for me? I live on a private drive (which is marked private) that is rather long. Google has pictures of my place showing that they ignored my privacy.

      --
      http://www.xpurple.com
    44. Re:Erm... by Anonymous Coward · · Score: 0

      Except when the asshole is the one in the wrong.

      He has every right to take photographs but he's spiteful by photographing people who do not want to be anonymously public.

      We need to make it difficult for him to get a job.

    45. Re:Erm... by Anonymous Coward · · Score: 0

      But can you legally publish those photos without permission of the homeowner? I know that in most countries you can't legally publish a photo of a person without permssion.

      Either way, this guy is just being an ass...just becaus he can don't mean he should. Besides, why would Google re-include photos of homes they have already removed? And if they did, why couldn't the homeowner ask to have the photo removed again?

    46. Re:Erm... by fredmosby · · Score: 1, Troll

      It's standing up for my rights because I prefer my maps to be uncensored and complete.

    47. Re:Erm... by Zadaz · · Score: 1

      Privacy never extended beyond the walls of your house. When my dad was on the PTA back in the 50's two teachers were fired because one (a man) was seen to leave his car parked overnight at the woman teacher's house. Yeah, it wasn't right, but it also sure as hell wasn't private.

      Everyone really needs to take ownership of their publicity. You can't ignore it or you'll be in the same queue with the guy complaining about that first Google hit on his name that's a drunk & disorderly arrest back in '86.

      There are going to be photos of your property on the internet no mater what you do. That leaves you with one option: Provide the most flattering, accurate high resolution images possible. Be the ultimate resource of you that there is. Otherwise other people (like this douchey German guy) will do it for you.

    48. Re:Erm... by Anonymous Coward · · Score: 0

      No, google isn't 'nice'. Google is subject to a chilling effect, they offer to voluntarily lose a right to dissuade the government from taking it. Which they threatened to do very often in the past few days because of paranoia, a fundamental misunderstanding of the service and because they need a scarecrow.

    49. Re:Erm... by TooMuchToDo · · Score: 1

      I suggest not going out in public if this is your argument.

    50. Re:Erm... by TooMuchToDo · · Score: 1

      That I may not be important in your eyes doesn't mean I don't have a right to privacy when not in public

      Fixed!

    51. Re:Erm... by T+Murphy · · Score: 4, Insightful

      People opted out of Google's maps, not being in any picture, ever. This article has nothing to do with amateur photographers pursuing their hobby, but an attempt to force everyone to be included in a commercially created database. This is like making a phone book of unlisted phone numbers. If you want to see what's missing on Google Earth, go see it yourself- just like how you can call an unlisted phone number if you really want to. If someone isn't interested in being included in Street View, chances are you wouldn't care about them if they were included, so I don't see much of a claim of harm being done by people's request for privacy. Keep in mind the people opting out simply contacted Google and were done with it- no harassment involved.

      If people taking personal pictures were being harassed, I would be right with you on this, but this guy is just putting his sense of entitlement ahead of people's wishes. The law doesn't dictate what is right (see copyrights and patents)- sometimes discretion is needed.

    52. Re:Erm... by Cochonou · · Score: 2, Informative

      Well you know, if you followed a bit the launch of Street View in Germany, Google is not just "being nice" - it was forced by the governement to adopt this policy before launching its Street View service in this country, because of privacy concerns. More than 200 000 of such requests have already been sent. I'm not German, so I can't evaluate if these requests have a strong legal basis or not. But it seems clear that both the government and and a large part of the public opinion in Germany seem against unrestricted Street View, and as another slashdotter pointed out, the law can always be changed to be explicitly more restrictive if needed.

    53. Re:Erm... by wvmarle · · Score: 2, Insightful

      Even in public there is such a thing as privacy.

      There are restrictions to e.g. making photographs of people and publishing them without permission if that person is the subject of the photograph. There are restrictions on the requirements of producing ID documents. And so there are many more. Walking around a public street doesn't mean there is no such thing as privacy any more.

      There is more to privacy than staying at home with the curtains drawn.

    54. Re:Erm... by dissy · · Score: 0, Flamebait

      This doesn't seem to be a "The man is restricting our rights", more of a "people are nicely asking for some attempt at privacy", and this asshole (Jens Best) wants to say "FUCK YOU, I'm going to go against you because I can, even though you were nice enough to ask otherwise"

      So when I politely ask you to stop selfishly keeping your entire paycheck, and instead give it to me... You are the asshole when you say no?

      I mean you are just going against my wishes because you can, even though I was nice enough to ask otherwise.

    55. Re:Erm... by TooMuchToDo · · Score: 5, Insightful

      http://www.krages.com/ThePhotographersRight.pdf

      Even in public there is such a thing as privacy.

      True. But it is extremely limited.

      From the PDF:

      Members of the public have a very limited scope of privacy rights when they are in public places. Basically, anyone can be photographed without their consent except when they have secluded themselves in places where they have a reasonable expectation of privacy such as dressing rooms, restrooms, medical facilities, and inside
      their homes.

      Permissible Subjects

      Despite misconceptions to the contrary, the following subjects can almost always be photographed lawfully from public places:

      accident and fire scenes
      children
      celebrities
      bridges and other infrastructure
      residential and commercial buildings
      industrial facilities and public utilities
      transportation facilities (e.g., airports)
      Superfund sites
      criminal activities
      law enforcement officers

    56. Re:Erm... by severoon · · Score: 4, Insightful

      Yea, you're right. Even without Google Street View I don't like the idea of someone 3000 miles away being able to just hop on a plane and be looking at my house in a couple of hours. Screw that, ban people from looking at my stuff if they're not from around here.

      But...oh wait. That's stupid.

      Public view is public view. It means anyone, on any given day, can see it. 1 person or 1000 people, what's the difference? Facades are meant to be seen by other people...they're designed for it. I don't have a problem with Google making the deision to be courteous to a few people here and there that don't want their home on there, but if too many people started making that request I hope and expect that they would say, you know, now it's starting to hurt the reason for having it in the first place, so sorry, we're doing away with that and now everything will be visible.

      This isn't about Google's right to collect and show information, either. It's about my right to see it. If I can go there and see it, then I can have a friend with a smartphone show it to me live (iPhone Facetime, for instance) or take a photo and show it to me. If my friend can do it, why can't Google?

      I might just as well say I don't want people to see my face when I go out in public either, but I'm not willing to wear a burqa, so you'll just have to look away to respect my nonexistent right to privacy. It's silliness. Something is either allowed or it's not. This is.

      --
      but have you considered the following argument: shut up.
    57. Re:Erm... by Anonymous Coward · · Score: 0

      If you don't want your house to be in public view then perhaps you should not have built it next to a public road. Face it, your house already is in public view and it's nobody's fault but your own for putting it there. Next time, buy a big forest and build it there. Be sure to inform yourself about all the inconviniences that come with that so you won't have to complain on /. about not having broadband access or something like that.

    58. Re:Erm... by Tom · · Score: 3, Informative

      This is exactly my thought. As far as I know, nobody is saying you CAN'T post photos of these homes.

      No, not yet. However, the government is deliberating passing a law that does. This protest is presumably part of the current public debate, a protest against making even more laws regulating what you can and can not do in public.

      --
      Assorted stuff I do sometimes: Lemuria.org
    59. Re:Erm... by Darinbob · · Score: 1

      The point is not whether it's legal, or whether it matters, but that this guy is being an asshole just to make a stupid point. It's like he's saying "omg someone wants privacy in the internet age, I will make it my mission to stick my tongue out at them!" In fact, I think this dork actually believes he's doing the world a favor.

    60. Re:Erm... by Somewhat+Delirious · · Score: 1

      The point is that it's not a reasonable idea of privacy. In most countries the law states that you can take photographs of anything visible from public property. Usually the only exception to that is military installations. If the way your house looks from the street was private information you'd have to insist on people averting their eyes when they pass your house.

      I don't think this is neccesarily the most effective or smart way but any initiatives that get some attention for the freedom of photography are good in my book. I'm a photographer who lives in the Netherlands where the aforementioned laws apply but since I got seriously involved with photography three years ago I have been harassed and intimidated without any legal basis whatsoever by security guards and police officers on several occasions with unlawfull demands to stop making photos, demands to move away and even demands to delete photos I had made.

      In Great Brittain the situation is even worse. They have some anti-terror law there that keeps on getting misinterpreted into the a basic right of the police to terrorize any and all photgraphers. If you're in London taking photographs as a tourist or professional photographer don't be surprised if you get into trouble with the police. The list of incidents there is huge and still growing by the day despite repeated reminders to officers on the ground of what the applicable law is and what they are and are not to do. It is in fact so bad that many professional photographers have stopped doing street shoots in London if they can avoid it because the likelyhood of your shoot getting interupted by nosy cops is so high that it becomes a problem.

      --
      The surest sign that intelligent life exists elsewhere in the universe is that none of it has tried to contact us.
    61. Re:Erm... by Anonymous Coward · · Score: 2, Interesting

      No, it's just Google being nice. The government couldn't do anything about Street View, that's why they ran around like headless chickens talking about changing laws but not actually doing anything. Because according to German law it's legal to take photos of everything you can see from a public place (like the roads the Google cars are driving on). You can also publish these photos in any way you like as long as no human can be identified on them, in that case it'd get slightly more complicated. This doesn't affect Google because the blank out faces anyway. The only chance they ever had of stopping this was the high of 2.9m of the camera, but that's a really weak legal point with a possibility for a humiliating defeat in court.

      Now for the real reason, there's so much ado about this, it's some kind of strange alliance between politics and newspapers. The politicians have suffered some painful losses before the constitutional court for violation of privacy And are under heavy criticism for things that didn't go to the courts yet or are just plans at this point (the data retention law that was struck down, ...) so they are desperate to find a private company they can accuse of doing even worse and look good for fighting it. And the newspapers hate Google for earning money on the Internet, the biggest threat to traditional newspapers. So this is some of the rare cases where politics and newspapers have a common enemy.


      Also, I'd like a source for your 200000 number, that seems really high considering the request site is like two days old.

    62. Re:Erm... by cappp · · Score: 5, Insightful

      That's a really good point and I find myself wondering if maybe that comes to the core of my discomfort. Should all public information be so readily available that it doesn’t require even a modicum of effort to access? If you took the time to drive over to my place then sure, look to your heart’s content. Flew a thousand miles? Enjoy harassing the locals for photo opportunities. But just pulling it all up with the click of a button? That seems qualitatively different somehow.

      I guess I'm going slippery-slope on this, and perhaps not thinking rationally, but isn't there value in the idea that some information requires an investment of energy to access. I'm thinking of sex offenders for some reason - there are many good reasons for having publically accessible lists but does that mean that they should be conveniently attached to Google-maps complete with photographs and all contact information? Our laws were constructed without any comprehension of the ease of access the modern day provides nor of the reach purportedly local info has. A lot of public info was deemed public as long as that selfsame public was going to march down to the courthouse, or whatever, and invest effort in their search – that effort almost served as a defence against low level abuse. Maybe I just need to reconsider the idea in its totality – either way you’ve given me something to think about so cheers for that.

    63. Re:Erm... by joergsi · · Score: 1

      The Society you are reffering to is a Darwinistic Society, free to do whatever/whenever you want it to do, because you are smarter/fitter/stronger. In a humanistic society my freedom ends exactly where I'm interfering with YOUR freedom! That's my definition of freedom and living free! Don't disturb my circles! If someone has an TWITTER/FACEBOOK/LINKEDIN/... - Account, fine, his/her choice. Do they have to have an account? No. If someone is using a Photo - Sharing community, fine. Should my images been shared in the internet without my permission? Absolutely NO! This is freedom, to have a choice over that what you define privacy or not. THINK! If someone is taking this from you, in this case we are not speaking of freedom, we are speaking of Nazi Deutschland, Communist Russia! This is written by someone from Germany, and I don't want to have your definition of FREE, we had this situation here 80 years ago!

    64. Re:Erm... by Anonymous Coward · · Score: 0

      Sometimes, by being an asshole, you make yourself legally liable. This guy is specifically going to photograph people's homes to subjugate their "Persönlichkeitsrecht" under his right to take pictures of public places. It is worth noting that a German business tried something very similar to Google Streetview in the 90s, was sued over it and lost. If this asshole photographer took pictures everywhere, he'd still be in a legally ambiguous place. Picking on a selection of people who are not public figures by publishing pictures of their homes is almost certainly going to land him and anyone else who does that in hot water.

      If you take a picture of a famous place and a person happens to be in the picture, then you're OK. If you take a picture of a person in front of a famous place, you have to get that person's permission. "Panoramafreiheit" is not an absolute right.

    65. Re:Erm... by Anonymous Coward · · Score: 0

      Sometimes, by being an asshole, you make yourself legally liable. This guy is specifically going to photograph people's homes to subjugate their "Persönlichkeitsrecht" under his right to take pictures of public places. It is worth noting that a German business tried something very similar to Google Streetview in the 90s, was sued over it and lost. If this asshole photographer took pictures everywhere, he'd still be in a legally ambiguous place. Picking on a selection of people who are not public figures by publishing pictures of their homes is most certainly going to land him and anyone else who does that in hot water.

      If you take a picture of a famous place and a person happens to be in the picture, then you're OK. If you take a picture of a person in front of a famous place, you have to get that person's permission. "Panoramafreiheit" is not an absolute right.

    66. Re:Erm... by martin-boundary · · Score: 1

      He's not interfering in that agreement as he's not bound by it, being neither a Google employee nor the party that requested the takedown in the first place.

      Interfering: To enter into, or take a part in, the concerns of others; It's precisely because he's not part of the private agreement that he is interfering. The parties to the agreement do not want those images to appear on Google's maps, and yet he's deliberately trying to do just that, so he's meddling directly in their concerns.

    67. Re:Erm... by martin-boundary · · Score: 1

      I'm not sure that makes legal sense. It's not your map, it's Google's map. They can do whatever they like with it, including censoring it. If you want uncensored maps, then you'll have to create your own: you have no claim on theirs.

    68. Re:Erm... by TaoJones · · Score: 1

      I -could- go look at people's homes in Japan, that doesn't mean I will

      Well that sounds fun - thank you for the idea.... er, their eyes are bigger in anime...

      --
      "Fear is the rootkit of democracy.." Blarkon
    69. Re:Erm... by bytesex · · Score: 1

      I have no idea what your point was, but man, that was beautiful.

      --
      Religion is what happens when nature strikes and groupthink goes wrong.
    70. Re:Erm... by Anonymous Coward · · Score: 0

      Previously you could take pictures of pretty much everything in public view.

      You usually have a right until somebody (e.g. Google) takes it to a new extreme that upsets enough people. It may have been acceptable in the past but that was mainly because nobody abused it on a large scale. That's how it works: somebody abuses a right -> it gets restricted.

      Right or not, this guy is a douchebag. People want their privacy and he attacks them for it. I say, we go Anonymous on this attention whore and publish every last bit of personal information we can find about him. Let's see how he'll like having no privacy.

    71. Re:Erm... by Anonymous Coward · · Score: 0

      Actually, there *is* a reasonable expectation of privacy involved here. German law, unlike English common law and derivatives, does not take the stance that just because something is visible from a public place, it's fair game for photographers.

    72. Re:Erm... by SuperDre · · Score: 0

      Yep I agree... Let's all find out where the man lives, and keep photographing him constantly and upload it with GPS and time data.. See how he likes it..

    73. Re:Erm... by c0lo · · Score: 1
      Now, look, guys... I just raised a question: do I, as an owner, have the right to stop making public a photo of my home on Internet I didn't say anything about the rights of others to take a photo of my home (for their own private use), nor did I offered any opinion on whether or not such a right exists (so that I can't quite understand the logic of my post being moded as flamebite - if there is a logic).

      I'll raise another (this time, openly admitted as loaded): don't you see a bit paradoxical the fact that a logo/trademark is defended with such an force by the "intellectual property" laws, while the image of a home (which is a more concrete object of ownership) is not? Or, does the aesthetic attributes of a home worth less protection? (afterall, I paid for these attributes to my architect, I invested in landscaping and such. I think how my home looks - good or bad - is also owned by me, is it not?)

      --
      Questions raise, answers kill. Raise questions to stay alive.
    74. Re:Erm... by Anonymous Coward · · Score: 0

      I guess mostly because the whole Street View discussion got so out of hand here in germany. Mass media wrote about Google spying on people, people are afraid to lose their soul when anybody can suddenly see them walking on the street, criminal hordes using street view to find their next targets.... the whole discussion is so ridiculous.

      PS: there are already street-view-like services like sightwalk.de in germany for quite a while, at least for some major cities - and somehow we survived :)

    75. Re:Erm... by Anonymous Coward · · Score: 0

      Many politicians request that public buildings are removed. Paranoid people might want to have their homes removed that's ok, but removing the town's landmarks is ridiculous. It is good marketing and there are lots of photos around anyway.

    76. Re:Erm... by KiloByte · · Score: 1

      Not including PEOPLE, I understand and agree with that. But buildings that are visible from public streets are a public matter, and anyone trying to block the photos is infringing on the public's rights.

      --
      The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
    77. Re:Erm... by Psychotria · · Score: 1

      This doesn't seem to be a "The man is restricting our rights", more of a "people are nicely asking for some attempt at privacy", and this asshole (Jens Best) wants to say "FUCK YOU, I'm going to go against you because I can, even though you were nice enough to ask otherwise"

      I don't know why this is modded +5 insightful. He (Jens Best) is not being an asshole. He is doing what is right and legal! The fact that the people asked otherwise is irrelevant -- THEY are the ones misguided. And, despite what you seem to think taking a photo of a house or whatever is not illegal. Nor should it be illegal.

    78. Re:Erm... by Psychotria · · Score: 0, Flamebait

      Call me old-fashioned or idealistic, but I think that may just make the world a better place, in some small way.

      You're not old fashioned or idealistic, so I won't call you that. You're either delusional or an idiot.

    79. Re:Erm... by tehcyder · · Score: 1

      Unless you are the president or a singer or actor. No one cares.

      But if the people requesting that they be taken off Google are the president or a singer or actor, what then?

      Do they have different privacy rights?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    80. Re:Erm... by Psychotria · · Score: 2, Insightful

      If people taking personal pictures were being harassed, I would be right with you on this, but this guy is just putting his sense of entitlement ahead of people's wishes. The law doesn't dictate what is right (see copyrights and patents)- sometimes discretion is needed.

      Well, that's just it, isn't it. People's "wishes" play no part. I wish people like you didn't post, but that doesn't mean that you shouldn't be allowed to.

    81. Re:Erm... by Psychotria · · Score: 1

      That I may not be important in your eyes doesn't mean I don't have a right to privacy.

      Get over it. You have no right to privacy in a public place. You're not as important as you think you might be anyway.

    82. Re:Erm... by Anonymous Coward · · Score: 0

      This guy is going to get sued and lose. You can not legally take pictures of specific people's homes and publish them with location, date and time just to spite these people. It's harassment, plain and simple.

    83. Re:Erm... by tehcyder · · Score: 5, Insightful

      You are almost as much of an arsehole as the photographer. You both have no idea why people might not want themselves on Google street view, they might be in fear of their lives from abusive spouses, be asylum seekers afraid of foreign governments tracking them down, who knows?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    84. Re:Erm... by Anonymous Coward · · Score: 0

      That's for America, not anywhere else.
      At least post something relevant.

    85. Re:Erm... by tehcyder · · Score: 1

      What, you mean like the thousands of cameras pointing at streets already? The ones I can click on and get an image, in real time, of that street?

      I don't know where you're from, but most CCTV cameras are not available for the public to view in the UK, certainly in real time (I think you can ask to see them if there is a crime involved).
      As for the "state" cameras on roads, again, most people do not have access to these.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    86. Re:Erm... by fredmosby · · Score: 1

      Right, which is why this guy is making his own map that fills in the blank spots on google's map. I support him because I would like to have access to uncensored maps.

    87. Re:Erm... by maxwell+demon · · Score: 1

      But you have to distinguish between the right to take a photo, and the right to publish the photo. The PDF only covers the rights involved in taking a photo, not the rights involved in subsequent usage. For example, I certainly have the right to photograph you at a public place. That doesn't imply that I can use that photo in any way I want, though.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    88. Re:Erm... by richlv · · Score: 1

      ...so ?
      i can understand (and support) requests to blur/remove people, cars or other objects. immovable objects, visible from public locations, should not be targets for revisionism.

      --
      Rich
    89. Re:Erm... by beerbear · · Score: 2, Informative

      We're talking about German privacy laws here.
      I don't know if they're different in regard to public privacy, it's just that American law does not serve as a precedent at all.

      --
      Hold my beer and watch this!
    90. Re:Erm... by richlv · · Score: 4, Insightful

      if _people_ opt out, i don't think that is an issue. if buildings start opting out, then we do have an issue.

      the main issue here is the ability to take photos in public places and share them. we've read too many articles about problems with that, and i have been stopped by overzealous home owner for taking a photo of his housenumber (for openstreetmap purposes).
      public place is a public place. if you want to shield yourself, build a fence that can not be seen through. some people do that, although it looks more like a prison to me.
      i will argue for privacy, but i will also argue for freedom of photography and sharing.

      --
      Rich
    91. Re:Erm... by Anonymous Coward · · Score: 1, Informative

      The summary doesn't give the context. Our a**holes of politicians in Germany currently try to divert public attention from various public databases they're trying to build, by pointing fingers at Google and Facebook. So they and the media (who have their own gripes with google, Google News and all) create a shitstorm out of nothing.

      So now, claims are floating around that infer:
      That on Google Streetview you can watch any place at any time, "live" - Instead that it's 2 year old snapshtos
      That you have exactly 4 weeks (while much of the country is on vacation no less!) to get your house delisted, and afterwards, you're in for eternity. Instead that those 4 - and now 8 - weeks are the timespan in which Google ensures that the house is not visible from the start)
      That their photographing from way too high (2.5 metres, oh the horror!). Just try how useful street level photography from the middle of the street would be.
      That Google is doing something illegal (instead, panoramic images are explicitely allowed, think of what the media would have to do otherwise. The only limitation is the rights of identifyable persons - and Google takes care of that)

      So with all this campaigning (ironically, those who have issues with street view generally have no issue with whatever snooping the gov't does on us), photographers have a real risk of losing the panorama exemption - this would make outdoor photography quite troublesome from a legal point.

    92. Re:Erm... by Anonymous Coward · · Score: 0

      The article is about Google Streetview in GERMANY. Personal rights are highly valued in German law. Being allowed to take pictures of public places is not the norm but an exception. It is colloquially called "Panoramafreiheit". This exception does not give blanket freedom to take pictures of everything and everyone in a public setting for any and all purposes. Taking close-up pictures of people (not just children) in public who are not in a parade of some sort and haven't agreed to have their picture taken can get you in trouble in Germany. Of course there usually isn't a problem, but if you're being obnoxious about it like this photographer guy, people might swing the letter of the law at you.

    93. Re:Erm... by ooji · · Score: 1

      Well, once you have taken the photograph, you then own the copyright on it. This entitles you to do pretty much whatever you like with it. If someone considered it appeared to show them doing something they were not then they might sue I suppose, but otherwise unless the picture is taken on private property you can generally do whatever the hell you like with it.

    94. Re:Erm... by richlv · · Score: 1

      is your house visible from a public location, like a street ? do you try to prevent people passing on the street from looking in the direction of your house ?
      you may care, and it may matter, but only to the border of your property. if somebody enters your property to take photos, it is a problem and those photos should not be published.
      if somebody takes a photo from a street, it might be because they like the colour or architecture of your house, it might be the house number or name for mapping purposes, it might also be something behind your house. if the view is visible from a public place, it can be taken a photo of.
      now, if in such photos people inside the house or other premises are visible, it would be a reasonable request to remove such detail, and such request should be obeyed without any objections.

      --
      Rich
    95. Re:Erm... by richlv · · Score: 1

      but why would he be an asshole ?
      he is pointing out that some homeowners are acting the same as overzealous private guards that harass photographers or cops who "don't like" to be photographed.
      these homeowners are actually doing the same - trying to limit the right to take photos in public places. and this person is trying to work against that.
      as a homeowner i would object to photos of my house being published only if there were some people visible (or maybe a car or some other movable object that could be considered distributing information about whereabouts of some person).
      i don't think i have the right to tell others what they might or might not do with photos taken in a public place that might include my house.

      --
      Rich
    96. Re:Erm... by Anonymous Coward · · Score: 0

      You can TAKE pictures of everything and everyone in public space. You CANNOT publish them without their consent, especially if the purpose of publishing is commercial.
      This is exectly what Google is violating: they're publishing pictures in commercial database. Thus German people say: thanks, but no thanks, while this idiot has problem understanding it.

    97. Re:Erm... by richlv · · Score: 1

      shouldn't you be the one deciding where to live, taking into account local laws, and working towards changing them if they don't suit you ?
      if others are exercising their right to take photos in public places, why should _they_ try to change some building code or other local laws somewhere ?
      and talking about a difference is a bit weird imho. i might take a photo of your house and look at it for days. maybe i want to have a window layout like yours, hopefully that can't be copyrighted.
      frankly speaking, i'd prefer somebody take a picture of my house to look at it than standing in front of my house for days and staring at it. in the second case i would probably go outside and ask them whether i could help them in any way :)

      back to fences, if you were allowed to build such a fence, would you actually ? you probably have seen such places - would you really want to live in a such place ?
      if not, you would choose to have your place visible from the outside, and outside visible from your place.
      if you would, wouldn't you turn around later and protest to somebody taking a photograph of your fence to show how stupid it looks ? :)

      --
      Rich
    98. Re:Erm... by richlv · · Score: 1

      this sounds like the only piece of sane objection in this whole discussion :)
      unfortunately, that has not been the main argument, and has not been mentioned as one.
      in such a case, i'd expect the photographer to do a service to those people then by taking photos from street level.

      anyway, how high actually _is_ google camera ? is it really that much higher than some 2.30 m above the ground ? (or maybe some people want to prevent tall persons from passing their properties).

      --
      Rich
    99. Re:Erm... by c0lo · · Score: 0
      Hi Rich, please read once again the question I raised (and note that I didn't offer any opinion of one way or the other): do I have a right to stop someone making public a photo of my home on the Internet?

      It is not about the right of people to look at the home, or to take a photo for their private use. It is about my right to oppose making that photo public.

      Now, I'll offer my opinion: my home is not a public building, and I paid the architect for the design, the landscaper for the front garden, thus I own the look of the house as well. I feel that is in my right to oppose (if so I desire) making public any photo of it on the Internet, especially if it is for commercial purposes!
      After all, others own the look of their logo (and is only the look of it, not an object) and benefit from a very strongly protection from the IP laws, so why the look of my house is something worth less protecting?

      --
      Questions raise, answers kill. Raise questions to stay alive.
    100. Re:Erm... by Jedi+Alec · · Score: 2, Insightful

      In your country, I do not. However, I do not live in your country, I live in mine. Guess what, I *do* have a reasonable expectation to privacy, even in public.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    101. Re:Erm... by richlv · · Score: 1

      because the laws don't say so ? :)
      you most likely own the project/technical drawings of the house (depends on your agreements with architect and others), but you don't own the look of things that are viewable from public locations.
      while i might agree that grabbing a photo of somebody's house and using that in a commercial would not be a very nice thing, i'm not even sure that would be illegal.

      this is about a compromise - privacy vs public place. you chose to have a house in a place that can be viewed from a public location. you chose a fence that allows it to be seen from the said location. in this case, and i agree with that, the right to take a photo from a public place trumps your desire to keep it to yourself.

      a view that can be seen from a public place is not something you can copyright, so essentially just looking at your house is the same as taking a photo of it and distributing it - you are not chasing everybody who passes down the street and screaming at them if they dare to stare at the direction of your house, do you ?

      i'm in the same position, with a house visible from a public place and easily photographable. yeah, in a couple of locations i've taken measures to limit visibility by having raised ground or some bushes/trees, but that was to limit visibility of persons inside the properties, the house can still be easily photographed.
      and if somebody did ? i don't believe i have the right to prohibit that or limit them in any way.
      if they started taking photos of people inside the property - that's crossing the line of privacy where i would object.

      also, as i mentioned before, i would prefer somebody looking at a photo of my house instead of standing on the street in front of it and staring for days ;)

      --
      Rich
    102. Re:Erm... by tehcyder · · Score: 4, Insightful

      I'd rather have a stalker that hangs out on Google Earth than standing in the bushes.

      Because obviously one can't lead to the other. Not ever. The internet is entirely separate from real life, it's just like one big happy computer game.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    103. Re:Erm... by boethius78 · · Score: 2, Insightful

      It's pretty simple - don't be a sociopath. People who answer calls on speakerphone deserve everything they get and more.

    104. Re:Erm... by abigsmurf · · Score: 1

      There is a reasonable expectation of privacy inside private residence which is protected by law. You are not allowed you put up a camera against a window and take pics of the inside, even if the curtains aren't drawn. Seems stupid but this is in place to stop people using zoom lenses to video someone in the shower across the street.

      The danger is that photos taken aren't just pictures from the road that you can't see into the house from but photos taken at a higher resolution, from someone peering over a garden fence that give a clear view of the insides of the house.

      To use an analogy (sorry, no cars involved) it could be the difference between walking down the street and looking at the front of a house to going up to a window and peering inside for a while. The former, no one has a problem with. The latter, most people would take issue with.

    105. Re:Erm... by tehcyder · · Score: 1

      I don't think you're going far enough. What I want to see is 24/7 coverage of every house in the world, front and back, with automatic notification of any naked bodies appearing behind inadequately curtained windows, but especially the GP's wife, sister, mother, child or GF.
      Surely that's my "right" in a free society?

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    106. Re:Erm... by abigsmurf · · Score: 1

      Yeah... That kind of circular logic makes for a pretty horrible society.

      Police: "We don't have a warrant but we want to search your house"
      Occupant: "what? No way, not without a warrant!"
      Police: "aha! You refused to let us search, that means you must have something to hide! We now have reason to believe a crime is taking place here! Lets raid him boys!"

    107. Re:Erm... by tehcyder · · Score: 1

      Sometimes you have to be an asshole to stand up for yourself. For example, if someone politely makes an unreasonable request you should still say no.

      No, you don't have to be an asshole in refusing an unreasonable but polite request, you are just polite back, but refuse to do it. The two conditions of being right and being an asshole have no relation to each other.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    108. Re:Erm... by BasilBrush · · Score: 1

      He (Jens Best) is not being an asshole. He is doing what is right and legal!

      These are not opposites. You should be able to think of a very long list of ways to be an asshole without breaking the law.

      e.g. #3495 Walking up behind a bride just before she walks into a wedding and telling her her ass looks big in that dress.

    109. Re:Erm... by antifoidulus · · Score: 1

      reasonable expectation of privacy such as dressing rooms, restrooms,

      Sweet, I think I just found a target audience for my portajon-segway hybrid.

    110. Re:Erm... by c0lo · · Score: 0

      while i might agree that grabbing a photo of somebody's house and using that in a commercial would not be a very nice thing, i'm not even sure that would be illegal.

      This is why I'm asking for opinions and not legal advice, and thank you for offering yours. Probably, would I be in the situation that pesky photographer posts a photo of my home, I'd need to call a court of law to make the law in this case.

      this is about a compromise - privacy vs public place.

      I beg to disagree on this one: it is not about privacy vs public place, it is about ownership of the look of my home.

      Here, let me give other examples:

      1. suppose a rock-concert (no matter how lame the bands) on the street during a public festival. Yes, I do have a right to record it for my consumption. Do I also have the right to use it in a "collation album" that I sell on the internet, without having the permission of the bands/authors? If not, why a picture of my home should be treated differently?
      2. a museum is a public place - quite often actually maintained from public funding. In many of them, I don't have the right to take photos of the paintings/carving/whatever... even for my personal use. How come their rights to stop me prevails over my right to take pictures in public places?

      you chose to have a house in a place that can be viewed from a public location. you chose a fence that allows it to be seen from the said location. in this case, and i agree with that, the right to take a photo from a public place trumps your desire to keep it to yourself.

      I agree with that too. But this is NOT the point. The whole ranting is about your right to the photo on my home beyond your personal/private use. And I argue that you (as the person taking the photo) do not have the right to make public the photo that you took, even if I agree that you do have the right to take it (as long as it is from a public place).

      a view that can be seen from a public place is not something you can copyright,

      Why not? Who says that a house must be just a house, and cannot be classified as art work? If there is no law to say I can't say "My home is an art work", then I'm allowed to assume that I can say that and act accordingly.

      so essentially just looking at your house is the same as taking a photo of it

      Correct, no objection from my side.

      and distributing it

      This is the point of my objection.

      - you are not chasing everybody who passes down the street and screaming at them if they dare to stare at the direction of your house, do you ?

      No, I don't. They are quite welcome to stare as much as they like. Actually, I'd like more people to come and stare of my home, they'll contribute with something in the community I live (even if it is only taking a coffee from the cafeteria a bit down the street: the owner is part of the community, I do like his coffee and I think he deserves to be rewarded as well) - a thing that I might not like to be influenced in any way by a photo published on the internet.

      and if somebody did ? i don't believe i have the right to prohibit that or limit them in any way.

      So, that's a question of opinion and belief for the moment.

      also, as i mentioned before, i would prefer somebody looking at a photo of my house instead of standing on the street in front of it and staring for days ;)

      Me too, but privacy is another contentious matter: I just wanted to explore the topic of "the ownership of the look of the home one's owns".

      Anyway, thank you for the opinions, well appreciated.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    111. Re:Erm... by Asic+Eng · · Score: 1
      I can certainly see your point, but there is the danger that the current noise about Google street view will create the impression in people's minds, that they have somehow privacy rights related to photographs of their houses. Currently there are (very unspecific) discussions in Germany about making laws regarding street view - which (at least in principle) could impact the rights of photographers.

      Something similar happened in the US with the right of photographers to make pictures of public buildings, harassment by police officers "for security reasons" is quite common.

    112. Re:Erm... by samjam · · Score: 1

      Copyright doesn't allow you to do pretty much whatever you like. It allows you certain rights that others don't have, in relation to copying and publishing of the photo.

    113. Re:Erm... by JeffSpudrinski · · Score: 1

      Google loves this. They can say "it wasn't us...we honored the privacy request" while allowing some butthead to then fill in the holes for them (at no cost to them) in the name of "protecting rights" (regardless of the rights of those people who requested privacy).

      People, please...we can deal with Google being evil, but please don't be enablers to them.

      Just my $0.02.

      -JJS

    114. Re:Erm... by Merls+the+Sneaky · · Score: 1

      I'm not saying I agree with the photographer doing what he is doing. I am saying if they valued their privacy they would have been better off with the status quo. Now they have a lot more unwanted attention due to trying to suppress a street view of their house.

      I agree that the guy reposting the pictures google had so graciously removed is a jackass. There will always be at least one jackass.

      That's why If you want to be anonymous your better off not saying anything. Taking a proactive approach and build a privacy hedge park your car in a garage. That would have preserved their privacy without the unwanted attention that a jackass can bring.

      Maybe I could have been more diplomatic in my previous post. Maybe I shouldn't be posting whilst I have been drinking. :P

    115. Re:Erm... by Skater · · Score: 2, Insightful

      I'd rather have a stalker that hangs out on Google Earth than standing in the bushes.

      Because obviously one can't lead to the other. Not ever. The internet is entirely separate from real life, it's just like one big happy computer game.

      So what's the difference, then? I fail to see the additional risk Street View imposes in this situation. It wouldn't be that hard for a stalker to snap a picture just like Street View of whatever the stalker is looking at.

      Your argument has a "think of the children" ring to it (except it'd be "stalked women" instead of children of course). Please clarify exactly what additional risk is incurred when Street View has taken a picture of a house where a stalkee lives. (Full disclosure: my house and RV have been visible on Street View for several years, though I'm male and haven't been stalked. I had good reason to think a murderer was going to come after me at one point, though; fortunately he never got out of jail.)

    116. Re:Erm... by Anonymous Coward · · Score: 0

      Maybe he's an obsessive compulsive that just likes going on google maps?

      Also why did Google use cars? Surely a few drones would have done the job quicker? and then I could see a gound view anywhere, not just on the roads.

    117. Re:Erm... by Skater · · Score: 2, Insightful

      Unless you have a teenage daughter like Elizabeth Smart. The notion that only celebrities are stalked is nonsense.

      ...So Elizabeth Smart was abducted with the help of Street View? (No.) So, if it were available, how would Street View have changed the abduction? Made it easier? In what way?

      A lot of these anti-Street View arguments seem to come down to emotions rather than facts. (My house and RV are visible on Street View and have been for several years. I'm okay with it.)

    118. Re:Erm... by Anonymous Coward · · Score: 0

      As a photographer that is quite familiar with the law with respect to taking pictures in public places: I'm not taking a picture of YOU, personally, then politely !#$! off. "Things", such as buildings, cars, trees, or whatever, don't have "privacy rights". While you can certainly ask me nicely, and I might even comply out of courtesy upon receiving a polite request, no, you should not have any expectation that I will stop. If you want to prevent photography of your "private" property from public places then use the time-honored technology known as a fence or some other opaque barrier to obstruct the view. If you don't like that because it costs money, ruins the aesthetics or whatever, then TOO BAD. Don't put it on display. You can't expose your building or other property to the light of the world and expect that people won't capture a bit of the reflected light from it via looking at it with their eyes or taking a photograph. There's no logic to exposing things and not expecting people to see them.

      Heck, if photography bothers you so much then perhaps I'd set up an easel and sketch it. Would that be better?

    119. Re:Erm... by AmiMoJo · · Score: 1

      Well even ignoring just how useful Street View is to criminals etc. you are also forgetting the "chilling effects."

      http://en.wikipedia.org/wiki/Chilling_effect_(law)

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    120. Re:Erm... by Anonymous Coward · · Score: 0

      Yes, but how does the existence of pictures of your home on Google Earth increase or decrease the likeliness of someone stalking you? If someone is willing to stalk you, having pictures of your house in Google Earth is a bit irrelevant already (i.e. you seem to have bigger problems).

    121. Re:Erm... by migloo · · Score: 1

      an unexplained blank spot in an otherwise comprehensive public database draws more attention to you than leaving it there in plain view would.

      This is why the view should not be blanked or blurred but replaced by an ordinary looking fake.

    122. Re:Erm... by ran-o-matic · · Score: 1

      Where I live there are hundreds of publicly-accessible real-time cameras pointed at highway interchanges and major intersections.

    123. Re:Erm... by ooji · · Score: 1

      OK - so if I take a photo from a public place, what restrictions are there on my publishing it? Child porn and national security are the only ones I can think of.

    124. Re:Erm... by Anonymous Coward · · Score: 0

      Yes, but comparing being on a publicly-accessible sex offender list and having the facade of your house photographed by Google is stretching the analogy a bit too much. Privacy violations are not of boolean nature: there are actually several shades of "privacy violation" and the two examples you gave are on opposites sides of the "privacy violation spectrum". I think this specific type of violation is more similar to the one perpetrated by Google Maps/Earth (i.e. showing the topology of your the land on which your house is located), which didn't seem to invoke that much drama.

      I do understand your point (and mostly agree with it), but I don't think this specific situation (Google Street View) is a good example for your argument.

    125. Re:Erm... by c0lo · · Score: 1

      I'm not sure really how I feel about that, surely locals have the right to request their homes not be broadcast to the entire world? Is there some greater public good I'm not considering?

      Even more: would a "greater public good" trump the right of a certain local community?
      Think twice before answering: (with the risk of someone modding this as a flamebite) sure there are some mineral deposits somewhere in Afghanistan that can be put to a "greater good" use by US.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    126. Re:Erm... by Anonymous Coward · · Score: 0

      Exactly! Thank you very much for expressing what most posters aren't seeing. This "outrage" against Street View is not being voiced by actual people, but by politicians. This "privacy" issue regarding Street View is just pure FUD. There are LOTS of good reasons to attack Google on privacy issues: this isn't one of them.

    127. Re:Erm... by Anonymous Coward · · Score: 0

      asylum seekers afraid of foreign governments tracking them down

      In Europe, the immigrants are more afraid of the local government tracking them down to send them back. (E.g. look at france deporting rumanians yesterday.)

    128. Re:Erm... by Anonymous Coward · · Score: 0

      Additionally, there are already services like GSV which didn't ask for this sort of thing and nobody went on the barricades over it in germany. This is just a huge PR campaign to piss on Google.

    129. Re:Erm... by Anonymous Coward · · Score: 0

      So what about coaches and trucks?

    130. Re:Erm... by Anonymous Coward · · Score: 0

      Depends whether you're viewing it from your own land - or from my land.

      If you're telling me that I can't take a photo of the view from my land and post it on a public site, without checking with all the house owners who domiciles happen to appear in it... then I think you're off your nut.

    131. Re:Erm... by jewens · · Score: 1

      Meh. If I were a famous actory/singer/president I'd ask Google when there doing the StreetView (tm) thing in my area and make sure they got some good shots of my armed security guards and pack of vicious pit bulls. Whether they acutally exist or not.

      --
      That group of bovine standing over there appears quite portentous. That's right it's an ominous cow herd.
    132. Re:Erm... by Anonymous Coward · · Score: 0

      I don't know the legal situation in the US, but in the EU you have far more rights to your own image than described in that document. Pretty much any photo that has you as a "significant part of the image" (i.e. not if you are just a random person in the background) cannot be published without your consent, unless you are a "person of public interest" (meaning a celebrity, politician, etc).

    133. Re:Erm... by drinkypoo · · Score: 1

      That's a really good point and I find myself wondering if maybe that comes to the core of my discomfort. Should all public information be so readily available that it doesn't require even a modicum of effort to access? If you took the time to drive over to my place then sure, look to your heart's content. Flew a thousand miles? Enjoy harassing the locals for photo opportunities. But just pulling it all up with the click of a button? That seems qualitatively different somehow.

      The argument for this is the same as any other technology that cuts both ways. If you ban photographs, then only criminals will have photographs. We permit photographs in public because to not permit them has too many fails. Meanwhile we have this high-tech invention to prevent embarassing or inconvenient things being seen through one's front window, it's called drapery. It's already illegal to look through someone's walls with backscatter X-Ray because you have an expectation of privacy in your own home, so this is a total non-issue. If you don't want people to look at your house, you're going to have to surround it with a high wall.

      Public life is public and you have to expect that. If you don't want to be in public, go live in a commune where you're not using public resources.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    134. Re:Erm... by maxwell+demon · · Score: 1

      From http://en.wikipedia.org/wiki/Model_release:

      Publishing an identifiable photo of a person without a model release signed by that person can result in civil liability for whoever publishes the photograph.

      And:

      Note that the issue of model release forms and liability waivers is a legal area related to privacy and is separate from copyright. Also, the need for model releases pertains to public use of the photos: i.e., publishing them, commercially or not. The act of taking a photo of someone in a public setting without a model release, or of viewing or non-commercially showing such a photo in private, generally does not create legal exposure, at least in the United States.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    135. Re:Erm... by Zaiff+Urgulbunger · · Score: 1

      But for that reason, Google presumably remove images out of courtesy rather than because of a legal requirement? And surely that's a nice way to behave?

      Seriously, the more exposed our lives become, the more we're going to appreciate people behaving "nicely". Yes, there's no legal reason to "expect" this, which is where there is a distinction between people behaving nicely or not.

      And if so many people do act like Jens, and other people decide to try to make this illegal, we'll all be up in arms about our rights being trodden on!

      I'm guessing there are specific buildings that Jens feels should be included, and perhaps there's a case for those. But to say you intend capturing *everything* is just dumb, and a bit shitty IMHO!

    136. Re:Erm... by Anonymous Coward · · Score: 0

      Well, that's just it, isn't it. People's "wishes" play no part. I wish people like you didn't post, but that doesn't mean that you shouldn't be allowed to.

      There are a great many things that people should be allowed to do but which they should nevertheless voluntarily refrain from doing. His only purpose in taking these photos seems to be that someone else doesn't want him to do it. That doesn't mean he shouldn't be allowed to do it. It does mean he's a dick and, naturally, people will say so.

    137. Re:Erm... by IndustrialComplex · · Score: 1

      It does matter. However not in the manner you two are arguing.

      What is important here is that we treat the Internet exactly the same as we would treat the real world in order to fully understand what makes this possible so laws can be crafted that cover both our real world privacy, and privacy on the internet.

      If we simply treat these 'crossover' points as areas where 2 rules are good enough, then we aren't realizing that there are countless places where the internet doesn't immediately cross over into real life and that is lost under the radar.

      Why is it ok for government agencies to monitor internet traffic in a manner that we would find extreme if applied to our vocal communications? My opinion is that it doesn't get much attention because people don't know.

      In cases like this, people need to be reminded that technology now allows other people to have MASSIVE capability to invade their privacy, but that the technology itself isn't the problem, it's that we have forgotten how important privacy is in itself.

      So my hope is that this doesn't just get certain points 'politely' fixed because anything politely fixed can be covertly exploited if no legal protections are in place.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    138. Re:Erm... by ooji · · Score: 1

      So most pictures on Flickr are illegal then?

    139. Re:Erm... by mdwh2 · · Score: 1

      No one cares.

      Evidently this photographer cares.

      (Anyhow, you're missing the point. The problem isn't that lots of random people will be flocking to view your photo. But that people such as employers, potential employers, family, can easily see it, without you even knowing - and with easy search faciltiies, i.e., the fact that this is being linked to Google Maps rather than simply being put on a random web page, it's not simply lost in the noise. The claim isn't that everyone is watching you, the problem is that at least some people may do so.)

    140. Re:Erm... by eth1 · · Score: 1

      So what's the difference, then? I fail to see the additional risk Street View imposes in this situation. It wouldn't be that hard for a stalker to snap a picture just like Street View of whatever the stalker is looking at.

      Well, it's impossible to detect a stalker using Street View. One casing the place in person could be discovered by a vigilant victim or neighbor and dealt with before the situation goes any further.

      How do you know you haven't been stalked? Maybe it was just a really good stalker.

    141. Re:Erm... by mdwh2 · · Score: 1

      Well, once you have taken the photograph, you then own the copyright on it. This entitles you to do pretty much whatever you like with it.

      No - copyright means you can stop others from copying it. It's a necessity for being able to publish, but not a sufficiency. If there's another reason why you can't publish it (which could be anything from model rights as we're discussing here, or other things like defamation, or indeed, if the photograph is itself of a copyrighted work of someone else's), then owning the copyright isn't always sufficient for you to publish.

    142. Re:Erm... by mdwh2 · · Score: 1

      The problem is that erecting a big fence (or forest, as you suggest) on your own land to hide it would likely breach regulations such as planning permission (which probably wouldn't be allowed, for something that significantly changes how it looks).

      So I think there should be some balance here. If we're saying it's fair game to publish anything you can from a public street, in any way, we should also allow people to take whatever steps they like on their own private land.

      But if society is saying that people should be limited in what they can do, even on their private land, because it affects how it looks when viewed from other people's land, then it's also a fair balance to say that you don't necessarily have blanket rights to do absolutely whatever you like with data that's taken of private land.

      (With windows, we can close the curtains. If there was a law saying you couldn't close the curtains without permission, I'd also expect laws controlling stalkers who might point a camera through the window all day long.)

      FWIW, I think that Google have the right balance (not just legally, but also ethically - Don't Be Evil, remember?), in that they put the images up, but remove them if people object. This photographer may have a legal right to take photos, but others also have a legal right to criticise him for doing so.

    143. Re:Erm... by WNight · · Score: 1

      Or, he wants a complete database without any holes.

    144. Re:Erm... by Mongoose+Disciple · · Score: 1

      but why would he be an asshole ?

      Because the people who own the homes in question have, essentially, asked for their homes to not be photographed and displayed in this way. Barring a good reason to disregard their wishes, someone who does is an asshole. "I want to make a name for myself" is not a good reason.

      Part of the burden of civilized society is that we have the legal right to do a lot of things that considerate people would choose not to do. We shouldn't legislate politeness, but that doesn't mean that we can't or shouldn't condemn its lack.

    145. Re:Erm... by WNight · · Score: 1

      Keep in mind the people opting out simply contacted Google and were done with it- no harassment involved.

      Yeah, not at all, unless you count the harassment they received that forced them to implement the policy in the first place.

      This article has nothing to do with amateur photographers pursuing their hobby

      Except in that the same people make exactly the same unreasonable demands of amateur photographers too.

      Reasonable people buy curtains, unreasonable people throw a fit.

    146. Re:Erm... by WNight · · Score: 1

      O. M. G. That photo - the house-number is the date my grandfather died in a POW camp, I'm going to hunt the occupants down and slaughter them for revenge. Oh, what city pls? I'm sure there are many of that number in my city, but your photo makes me want to target that one. /sarcasm

      Is that why they object? They're afraid of random attacks? "What an ugly house - let's track it down and egg it?"

    147. Re:Erm... by richlv · · Score: 1

      but then they pretty much gain the ability to censor any image that their house happens to be on... and we're back on square one - the right to take photos in a public place and share them.

      and the reasons might as well be to :

      a) raise the awareness of the "freedom of photography";
      b) prevent this case from becoming a precedent in future censorship attempts;

      etc. and i believe these reasons are much better and much more important than your simplistic "asshole" position.

      --
      Rich
    148. Re:Erm... by samjam · · Score: 1

      I was merely saying that it wasn't copyright that allowed you to do whatever you are allowed to do.

    149. Re:Erm... by hholzgra · · Score: 2, Informative

      > (do I have a right to stop someone making public a photo of my home on the Internet?)

      by German law:

      * If it is not visible from public ground (street, sidewalk) then you have
      * if some temporary copyrightable installation (e.g. a piece of art, a banner) is part of the picture then you have
      * if the picture does not only show your home but also yourself you may have (unless you are just part of a crowd)
      * if none of the above applies then the right to take pictures of things visible from public ground ("Panoramafreiheit") kicks in

      What is still being debated though is whether making such photos public in the form Google Streetview does, with fully geo referenced lookup capabilities, is still covered by "Panoramafreiheit" or not.

      So you may have a right to stop Google from publishing the pictures of your house on StreetView,
      but you would have no right to stop anyone from publishing pictures (even with GPS location information)
      who doesn't do this in a large scale systematic way in Germany.

      The background of the "Panoramafreiheit" law is simple: without it you could hardly publish *any* picture taken on a public street as avoiding to show any houses on these would be next to impossible in most cases. So it was decided that your copyright on the look of your house is a less important right than the freedom to take and publish photographs, whereas your personal privacy takes precedence as soon as you yourself are part of the photo (again: unless you're just part of a crowed, or can't be recognized...)

    150. Re:Erm... by mjwalshe · · Score: 1

      No you dont have a right or are you like the Fake Plods (PCS Officers) who arested a phtographer in the UK for "being to tall"

    151. Re:Erm... by WNight · · Score: 1

      Roughly, not for "editorial" usage which is roughly everything except advertising.

      I'd need a release to use your photo in an ad implying you endorsed your clothing for instance, but not much else.

    152. Re:Erm... by Mongoose+Disciple · · Score: 1

      but then they pretty much gain the ability to censor any image that their house happens to be on...

      What part of "you can have a legal right to do something that you nonetheless should choose not to do" is so hard for you to understand?

      I can stand in the street outside your house with a picket sign that implies you are a pedophile and like to torture kittens. I have the legal right to do this. Should I choose to exercise that right? Or can we agree that this is something I can do, but if I'm not an asshole should choose to not do?

    153. Re:Erm... by WNight · · Score: 1

      No, you don't. That's why we call it public. It's where you don't have an expectation of privacy.

      You may have some control over publication of your likeness but that's nothing that would prevent the picture from being taken and distributed privately - in other words, not privacy.

    154. Re:Erm... by WNight · · Score: 1

      I paid for these attributes to my architect, I invested in landscaping and such. I think how my home looks - good or bad - is also owned by me, is it not?

      You got a house and a nice yard to look at. Isn't that good enough? Why do you need an extortion racket as well?

      don't you see a bit paradoxical the fact that a logo/trademark is defended with such an force by the "intellectual property" laws, while the image of a home (which is a more concrete object of ownership) is not?

      No. The trademark of a company is protected so consumers will know who they're dealing with. To prevent counterfeiters.

      The image of the corporate warehouse, like the image of your house, isn't protected because it doesn't serve society to do so.

      Seriously, what did you think the law was for? To reward your "concrete object of ownership"? Grow up.

    155. Re:Erm... by Kong+the+Medium · · Score: 1

      To clarify: This is not about people, it's about houses. He does not photograph people, he photographs houses from the street walk.

      I'm german and following the debate about Google street view since i was overtaken by a car with a 2m mast and some cameras on its roof. I will be on Street View :-).
      These pictures were taken approx. 1 - 1 1/2 years ago. Google's intentions were at least known since then. Only now a public outcry from "Bedenkenträger" forces Google to offer this german sonderweg. Only in Germany Google offers a web form were you as house owner can enter your address and your house will get pixelated, like faces and licences plates already are.

      I call hypocrite on all people who opt to have their houses pixelated. They give straw man arguments like "Burglars may spy on houses on google" etc. but i bet they will be the first to take glimpses at their neighbors once this gets live our to take a view at the hotel they wish to book for their next vacation. In German there is a proverb for this behaviour: "Wasch mir den Rücken, aber mach mich nicht nass dabei. (Wash my back, but don't get me wet"
      Some where else in this threat the Streisand effect was invoked. This is a perfect example how to invoke it. Only this time it's not Anonymous, but a person with a face who will invoke it.

      The only reason I can fathom to have one's house pixelated is a typical fear that this is a privacy invasion. It's not. Nothing that can't be seen from the street walk while passing by will be shown. For a reasonable written article see http://www.zeit.de/digital/datenschutz/2010-08/pro-street-view (in german)

      --
      ... whenever a text is transmitted, variation occurs. This is because human beings are careless, fallible, and occasiona
    156. Re:Erm... by WNight · · Score: 1

      Everyone knows that if your house is blurred the pedos and thieves just assume you've got good stuff, cute kids, etc.

      The smart money is on getting Google to replace the street-view of your house with a shabby one with ugly children playing outside...

    157. Re:Erm... by richlv · · Score: 1

      your exaggerated example would probably be something along the lines of libel/slander/whatever - consult your lawyer.

      as for "should choose not to do", it is important to understand two things :

      1. reasons to choose not to;
      2. reasons to choose to do so.

      in this case it's somebody's desire to control all pictures where their house might appear vs a quite dangerous precedent and mindset.

      just reducing this to "you should not because i say so !" is not a valid argument, and it completely ignores the second part, which, i believe, is much more dangerous in the long run.

      --
      Rich
    158. Re:Erm... by Anonymous Coward · · Score: 0

      The problem with simple minded statements like this is that the right to privacy just like the right of free speech or religion for that matter is not unlimited and sometimes conflicts with other rights and principles. That why we need to look at the specific circumstances of each case. I don't believe anyone objected to panoramic city photographs printed in books its just that technology has advanced so we need to re-examine the arguments. IMHO Google has gone too far in accommodating peoples wishes.

    159. Re:Erm... by Anonymous Coward · · Score: 0

      "I paid for these attributes to my architect, I invested in landscaping and such. I think how my home looks - good or bad - is also owned by me, is it not?)"

      You own all that, but not the light that is reflected from these objects.

    160. Re:Erm... by Anonymous Coward · · Score: 0

      The operative word here is might. To be treated specially requires some factual base not jut a whim or a vague desire for "privacy". That is because accurate street views on the internet are clearly useful so we need a reasonable basis to limit them. In California we have so-called confidential voters: law enforcement, abused spouses, etc. But you can't become a confidential voter just by asking. That is of course, because verifiable public voter records are an important part of democratic elections.

    161. Re:Erm... by WNight · · Score: 2, Funny

      Well I was skeptical, but then you extorted me to think of the vagina-creatures. I still didn't quite buy in - I was willing to let them all suffer until you tied it to my jealousy by making me think of the ones I own, like my wife and daughter, sister, mom, etc... nobody should see a vagina of mine! Fury! I now wholeheartedly support your plan to censor the net to stop any images. And here I was just going to get them curtains. /sarcasm

      If weirdos like you were busy 24/7 watching boobies you wouldn't be agitating for useless laws. Seems like a win.

      Your website would also be a good reference to check how good your curtains were. Just set an alarm on skin at your house and you'll be warned if you need to get better curtains. Without this you'd have to stalk around outside at night trying to judge this.

    162. Re:Erm... by T+Murphy · · Score: 1

      If a photographer wants to take a picture of a building out of personal interest, I'll side with him. If he wants to share that photo, I'll still side with him. But this isn't just a photograph, it's being attached to GPS coordinates and being included in a navigable recreation of the world- something very different from a simple photograph.

      Another way to look at it is people's concern over privacy with regard to data mining by corporations. Most people aren't too concerned about one piece of data being out there: name, address, favorite (something), job, salary, so long as they aren't linked together. When you start grouping that information, it goes from casual use of information to a potential intrusion of privacy. Personally, I don't feel Street View infringes my privacy enough to have a problem with it, but I understand how others might feel it is invasive.

    163. Re:Erm... by T+Murphy · · Score: 0, Redundant

      If a photographer wants to take a picture of a building out of personal interest, I'll side with him. If he wants to share that photo, I'll still side with him. But this isn't just a photograph, it's being attached to GPS coordinates and being included in a navigable recreation of the world- something very different from a simple photograph.

      Another way to look at it is people's concern over privacy with regard to data mining by corporations. Most people aren't too concerned about one piece of data being out there: name, address, favorite (something), job, salary, so long as they aren't linked together. When you start grouping that information, it goes from casual use of information to a potential intrusion of privacy. Personally, I don't feel Street View infringes my privacy enough to have a problem with it, but I understand how others might feel it is invasive.

      (note to mods: this is a copy of my post below, I'm posting twice as I don't expect mods to still be reading this story-- you can ignore this copy)

    164. Re:Erm... by DinDaddy · · Score: 1

      Put a copyrighted and previously-litigated-over image up in the windows of your house.

    165. Re:Erm... by Anonymous Coward · · Score: 0

      Shouldn't they just make sure that themselves and their cars aren't out when street view comes around then, and let their house blend into the mosiac rather than being obviously missing?

      This conveniently removes any real benefit to stalking someone via street view, unless you're looking for houses to rob based solely on their outside appearances.

    166. Re:Erm... by WNight · · Score: 1

      It's precisely by building a house so close to the street and having unreasonable standards that the homeowner is interfering in the rights of the photographer to take pictures in public. They could simply buy curtains and instead they're meddling in everyone's laws by crying for help.

    167. Re:Erm... by painandgreed · · Score: 1

      You are almost as much of an arsehole as the photographer. You both have no idea why people might not want themselves on Google street view, they might be in fear of their lives from abusive spouses, be asylum seekers afraid of foreign governments tracking them down, who knows?

      Not really. If an abusive spouse or a foreign government wants you, and they already have your address, lacking a picture of your address (when they have pictures of the ones on either side of it) is not really an issue. I'm afraid your point seems to be a straw man argument. I would say the previous posters first remark about wanting to avoid attention by not demanding special attention is justified. You also seem to be taking the slippery slope by inferring that the previous poster claimed that they all did want attention and was an asshole for doing so. What he did was say that if they wanted attention, they got it. It was more of a descriptive statement than prescriptive.

      Still, if somebody wants to have their house excluded from street view for whatever reason, I'm glad they can request such. However, if somebody else wants to add it in, they should be allowed to do so as it is a public face of a building that can be seen by anybody. We also have no idea of the reason that a person would want to add such a photo record back in and there are just as many justified reasons one could come up with starting with a simple historical record. We all live in this world together and just as two people cannot occupy the same space at the same time, there are allowances that have to be taken into account because of that.

    168. Re:Erm... by painandgreed · · Score: 1

      This is like making a phone book of unlisted phone numbers.

      No, this is more like making a phone book of phone numbers that are listed on publicly displayed signs outside of each house.

    169. Re:Erm... by painandgreed · · Score: 2, Insightful

      Ever had a stalker?

      I'm sorry, but if you already have a stalker, who already has your address as well as a detailed knowledge of what your street looks like including the buildings on either side of yours, preventing somebody from posting a picture of your building as seen from the public street is not really going to help you. I'm surprised that even seems like a comforting idea. It much more likely that your stalker would post said photo and you could use that to get a restraining order or press charges for breaking one, than that it would ever aid him in stalking.

    170. Re:Erm... by apoc.famine · · Score: 2, Insightful

      Nice strawman.

      Stalking is an issue, and is illegal almost everywhere. Stalking, however, has nothing to do with this. At all. You might as well say that we need to abolish the white pages, because it will allow a stalker to find out where you live. Have to get rid of GPS systems, because stalkers could use them to figure out how to get to you. Abolish digital cameras, because stalkers could use them to take pictures of you, your house, your car, etc.

      You might as well have just slapped a "think of the children" on your post, and have been done with it.

      The good that google street view does is enormous. It allowed me to check out apartment locations from 1000 miles away, before I moved. I could see what kind of neighborhood they were in. Fences around every house, or open yards and parks? Miles of concrete and asphalt, or acres of grass and trees? It allowed me to get to know a small French fishing village I was going to be visiting, from the middle of the US. When I got there, I knew my way around, knew my landmarks, and had a fantastic time. I've used it to learn how to navigate through tricky mazes of one-way streets before I got there. Checked for parking areas before I spent half an hour driving around looking for the closest one.

      This isn't about taking pictures of you in your living room with your head up your ass. This is about taking pictures of streets and buildings - the things that everyone sees every day driving past your house. The only difference is that people from thousands of miles away can virtually drive past your house. So what? Do you care about the tens to hundreds to thousands of people who drive past in real life every day? If so, you'd better get the hell out of any town, and find yourself a place with a mile long private drive.

      If you want privacy, you need to be far from roads where people can see you. If you're living in a moderately populated place, you don't have privacy outside the walls of your house.

      --
      Velociraptor = Distiraptor / Timeraptor
    171. Re:Erm... by apoc.famine · · Score: 1

      Oh my GOD!!!! THINK OF THE CHILDREN!!!!

      Honestly, the amount of good that easily publicly accessible information does far, far outweighs the bad. And if for some reason it some part starts to have a bad effect, we legislate against it. It's really not that hard to do.

      Personally, I think our sex offender laws constitute cruel and unusual punishment. Either someone is rehabilitated, and free to go live their life, or they're not, and need to be under lock and key. The whole permanent sex offender registry stuff is a load of crap. Way to make someone more likely to commit crimes, since they have no hope of a normal life.

      As for low-level abuses, either they are a problem enough we make them a crime, or they're not, and we deal with them as byproducts of something immensely useful.

      --
      Velociraptor = Distiraptor / Timeraptor
    172. Re:Erm... by Profane+MuthaFucka · · Score: 0, Troll

      You're invoking causation with the words "lead to". Causation is something that can't be assessed by a simple X follows Y in time relationship. It takes a lot more to persuasively show causation.

      In fact, it's quite possible that Google Earth stalking NEVER causes people to stand in bushes. Considering the number of people who use Google Earth but never stand in bushes, I'd say you have your work cut out for you if you intend to convince anybody of your hypotheses.

      Of course, people in the Teabagger Party will believe you. They believe all kinds of wild shit.

      --
      Fascism trolls keeping me up every night. When I starts a preachin', he HITS ME WITH HIS REICH!
    173. Re:Erm... by boxwood · · Score: 1

      yes you can't prevent complete assholes from posting stuff on the internet. doesn't change the fact that those people are assholes.

      Yes this german guy can legally to photographs of people's houses when they've indicated they'd rather he didn't. He's not breaking the law, but he's still an asshole.

      Google didn't have to give people the option of opting out of street view. They gave people the option because they're trying NOT to be assholes.

    174. Re:Erm... by Culture20 · · Score: 1

      Members of the public have a very limited scope of privacy rights when they are in public places.
      can almost always be photographed lawfully from public places:

      The two bold sections are not equal. Which trumps which: photographing private places from public places, or privacy in non-public places?

    175. Re:Erm... by chair_back · · Score: 1

      We all accept the benefits and liabilities from the freedoms we enjoy. Having the right to face your accuser in court can lead to retaliation. Freedom to assemble means we tolerate union meetings and neo-Nazzi rallies. Being safe from unwarranted search and seizure means you have the expectation of privacy inside your home but also masks a host of dangerous activities. How many who make the argument that we should some how have an implied or explicit right to "public privacy" throw their personal privacy away on Facebook, blogs or forums like this? Take a look at the images on these two pages and tell me how many you are willing to delete from existence in order to not upset someone? http://tinyurl.com/2u3xvt7 http://tinyurl.com/37rhjfe

    176. Re:Erm... by Animaether · · Score: 1

      Not "illegal"; actionable.

      Publishing an identifiable photo of a person without a model release signed by that person can result in civil liability for whoever publishes the photograph.

      .
      Can, not will. Most of the pictures on flickr aren't exactly of random strangers.. they're of people themselves and their friends. There's often a presumption of consent in those. On the other hand, if you go into town and take pretty much portrait photos of random passers-by and decide to drop those on flickr; yes, if they find out and object they can take action.

    177. Re:Erm... by severoon · · Score: 1

      Should all public information be so readily available that it doesn't require even a modicum of effort to access?

      It's true that we have recently undergone a shift from data scarcity to data abundance, and there will be a necessary adjustment period. This leads directly into my next point...

      If you took the time to drive over to my place then sure, look to your heart's content. Flew a thousand miles? Enjoy harassing the locals for photo opportunities. But just pulling it all up with the click of a button? That seems qualitatively different somehow.

      I think you have this exactly wrong. It's not qualitatively different, what's bothering you is that it's quantitatively different. In principle, public is public (qualitative). In practice, even though something was "public" it may have been greatly obscured simply by means of the effort required to access it. In this way, technology is holding our feet to the fire and asking us to consider whether we have made law based on how we really feel about this issue or based on what was expedient and convenient at the time with little thought for the future.

      I believe we have spent too little time when it comes to things like this thinking about and understanding things in principle, and this has always cast off a number of different side effects that may or may not have been undesirable. For example, you may not like the idea of Google Street View because of the reduction in effort—but consider this: if something in principle is public about you before GSV came along, then your only privacy protection in those matters depends upon the good will of others. You're simply relying on someone else to not have a good enough reason to hire a private investigator to go digging.

      This difference between laws that stand on practice v. principle is exploitable by anyone that wants to and has the means to exercise control over someone else. At the governmental level, it is used by tyrannies to keep the people in order: make it impossible to comply with the law and most people won't mind; in practice, those laws won't apply to them or they won't get caught. But god help you if you run afoul of a powerful person's sensibilities in a non-illegal way. Violating non-law can very quickly bring scrutiny on all of the laws for which you (and everyone else, but more importantly you) are not in compliance. (North Korea does this. So does the DMV.)

      This is the definition of caprice. When we democratize our policies on privacy and make them exploitable by everyone, we bring transparency. When we bring transparency, we bring recognition to the state of the system. Principle and practice fall into alignment, it doesn't matter which one we're discussing, they've become one and the same. Because the information is democratized, at least we are free to use it against those that would have previously had the means to use it against us.

      Nothing I've said above is unique to GSV...it pertains to the freedom of information in general.

      --
      but have you considered the following argument: shut up.
    178. Re:Erm... by Anonymous Coward · · Score: 0

      He's an asshole.

      If he currently was running around, taking pictures of buildings and amassing a database of them, and had an army of people doing so prior to this, he wouldn't be, since he wouldn't be targeting anyone.

      Instead, he's coming to the issue after people were given an option to opt out, and circumventing their wishes deliberately and with calculation. He's basically saying to those people who ask nicely, since they complained, they are the target. Now, I'm not arguing he doesn't have a legal right to take pictures. I'm simply addressing that it's a dick move, a reflection of the mentality of the person advocating it.

      I live in an area with a no burning ordinance. It's a fair ordinance--it was passed overwhelmingly, there are other free ways to dispose of brush such as leaf and brush pickup and a municipal mulch making pile near a highway, and it applies to largely a bedroom community/dominately residential area.

      You can still burn for religious, recreational, and food reasons. So what 1 or 2 fuckers do is burn 10 hours a day on weekends "smoking" a piece of meat.

      My point is, he's forcing a divide--what he's essentially done, is made residential, open communities more susceptible to closed, gated ones, or those who have huge setbacks. His short-term desired to get known is going to create situations where people take more drastic measures to protect their homes, like bigger lots, higher fences, larger setbacks, and other screening, like landscaping, higher dirt mounds, etc. Pretty soon, only those that can afford those communities will have their information not be out there. And the flow of communities will change.

      His effort to make information free will likely end up changing how future developments are developed. Rather short-sighted imo.

    179. Re:Erm... by steelfood · · Score: 1

      In some places, you can get a restraining order if you demonstrate the person or a group of individuals is causing you sufficient grief.

      --
      "If a nation expects to be ignorant and free in a state of civilization, it expects what never was and never will be."
    180. Re:Erm... by he-sk · · Score: 1

      There are restrictions to e.g. making photographs of people and publishing them without permission if that person is the subject of the photograph.

      Just to clarify: I can take pictures of whomever I want even if they ask me not to if I do not publish them.

      None of this applies to buildings. In fact, there was a court case recently in Germany (details escape me, so no link), where a club wanted to pull pictures of their historical club house from the internet. They cited copyright reasons. The photographer cited Panoramafreiheit. The club lost.

      --
      Free Manning, jail Obama.
    181. Re:Erm... by he-sk · · Score: 1

      I think his motivation is more like "OMG these guys are fucking hypocrites, I'm not going to let them get away with it."

      Seriously a group of people who objected to streetview have had their picture taken in front of their house by a newspaper which published it along with the address. "We don't want a picture of our house on Google, but if it's on the Rheinische Post's website then it's a-ok."

      And then they are our top lawmakers who have no problem selling our data to corporations and foreign governments but want their house pixelated. Most of them cite fear of burglars. Think about it. Politicians whose house is watched by the police and private security fear that burglars will case their house with streetview. Get real.

      --
      Free Manning, jail Obama.
    182. Re:Erm... by he-sk · · Score: 1

      I wish I had mod points...

      Wait I have, but I already commented in this discussion. So here's a virtual +1 from me.

      --
      Free Manning, jail Obama.
    183. Re:Erm... by Draek · · Score: 1

      Why not? it's costly.

      And yes, there is a right to privacy. However, it is excercised only for people in private places, houses in plain view from a public street don't, can't, and shouldn't count, and seeing otherwise intelligent people argue for such a thing is frankly depressing.

      --
      No problem is insoluble in all conceivable circumstances.
    184. Re:Erm... by Anonymous Coward · · Score: 0

      Not to rain on your parade, but you do realize that PDF file is talking about the situation in the USA, right? This story is about Germany.

      Doesn't mean that the basic points aren't valid, but for talking about what you can lawfully/legally do or not do, it's worthless.

    185. Re:Erm... by Anonymous Coward · · Score: 0

      I'm waiting for the "why not?" I don't have a problem with people being able to do that.

      However, if someone did that to me and I did not like it, then I'd put up a fence on my side of the property line. PROBLEM SOLVED. That's the solution, not stupid laws or other restrictions on photography. You have a problem with incident light bouncing off your property and into public spaces where it could be captured by members of the public-at-large using their eyes or cameras? Then it's your obligation to solve the problem by placing something opaque in the way. Or install that cloaking device you've always thought might be a good investment. Either way it's *not* the photographer/public's problem.

    186. Re:Erm... by Anonymous Coward · · Score: 0

      There's a huge difference between "you" not wanting to be photographed, and you wanting "your stuff" not being photographed. If it's the latter, then too bad. Objects do not have a right to privacy. People do.

      Furthermore, if your stuff is reflecting light into public spaces that's your problem to solve, not the public's.

    187. Re:Erm... by sponga · · Score: 1

      "does not serve as a precedent at all."

      It does however serve as an 'example' to achieve.

    188. Re:Erm... by cappp · · Score: 1

      Well that's a lot to mull over, cheers for giving me a lot of food for thought.

    189. Re:Erm... by c0lo · · Score: 1

      No you dont have a right or are you like the Fake Plods (PCS Officers) who arested a phtographer in the UK for "being to tall"

      I'd classify your post as Flamebite, on the grounds that you infer I was suggesting the arrest of some people.

      In my opinion, a "Take down" notice would just be sufficient for photos of a home made public on the internet without the consent of the home owner. And yes, the burden of finding alleged "offending" photos and sending the "Please take down" notes should be the burden of the owner: as anything that has a relation with the protection of a property.
      Sounds reasonable?

      --
      Questions raise, answers kill. Raise questions to stay alive.
    190. Re:Erm... by dannys42 · · Score: 1

      That would be awesome! Especially if we could cover the planet with that. It'll make future archeologists jobs much easier!

    191. Re:Erm... by c0lo · · Score: 1

      I paid for these attributes to my architect, I invested in landscaping and such. I think how my home looks - good or bad - is also owned by me, is it not?

      You got a house and a nice yard to look at. Isn't that good enough? Why do you need an extortion racket as well?

      First at all, extortion racket? Will you please check the meaning of the term, because to me it doesn't sound as extortion.
      Second, if the image of my home, along with the home itself, is my property, then I don't need to explain why I want to control how the image is used in public. Pretty much as an image having me as the subject, as long as I'm not part of a crowd, why it should be different?

      --
      Questions raise, answers kill. Raise questions to stay alive.
    192. Re:Erm... by Anonymous Coward · · Score: 0

      And you still can take pictures of pretty much everything in public view. The problem is the ease of access to the data equals loss of privacy. Before it was next to impossible for someone from Florida to randomly find and stalk someone in Oregon. Now they can easily pick a name, lookup tax records, find their house and look it up. It's totally nuts and all of it should be put to a stop. If you need to lookup tax records you should have to drag your ass to the county court house. If you need to see the front of some person's house, you should have to drag your ass their.

      Now can someone familiar with German real estate look up this asshole's home address and post it all over the internet? Let's see him change his tune as the world descends upon this clueless incompetent fuck-wit. Take pictures of his house and inside his house (legally from the sidewalk) and into his backyard (legally from some vantage point) with a big ass lens and plaster that all over the internet and see how he likes it. Maybe follow him around and take his picture in public places and plaster that all over the place all without commercial gain.

    193. Re:Erm... by AmiMoJo · · Score: 1

      The problem with Street View is that the camera captures things which are not normally in public view since it is mounted on the top of a car. It sees over walls and in through windows that someone walking down the street would not normally see.

      Google's compromise solution has been to allow people to remove images if they feel that they invade their privacy. I don't see anything wrong with that, and taking mass photographing an area is clearly different to someone deliberately photographing things he has politely been asked no to for no other reason than to annoy people. It may be legal but it is also anti-social.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    194. Re:Erm... by WNight · · Score: 1

      A car makes sense to treat as property - it was made by someone from raw materials of less value and if I take it you don't have it anymore. Information isn't like that. People would be capable of duplicating the image of the house without your help, but would be forbidden to by a law specifically written to give you money - as a useless permission granting middle-man. I don't see how you can't see the extortion in that.

      All it would do is enable you to censor people (someone who was trying to use a photo of your house for any reason, such as a landmark, evidence in a court case, warning people about bad Halloween-candy, etc.) and demand fees to duplicate it. Neither of which help anyone else.

      So why on earth would we make the image of your house property? The last thing we need are more useless rent-seekers in society. You want welfare with that?

    195. Re:Erm... by mjwalshe · · Score: 1

      not realy take a look at the stories about the UK police aresting phtographers left right and centre.

      http://www.theregister.co.uk/2009/07/15/tall_photographers/

      and there have been similar stories in the USA as well.

      And I also talked with a german national last night and when I sugested that the objections might be related to tax avoidance (a middle class sport in germany) he had a VERY big grin on his face and said yes

    196. Re:Erm... by FoolishOwl · · Score: 1

      This guy is being a dick to those homeowners for the sake of what... documentary completeness?

      Unfortunately, I don't know German well enough to read the article, so I don't know the details of Jens Best's argument.

      What does come to mind is that in the US, after the destruction of the World Trade Center, I gather there was a rash of episodes of photographers trying to photograph structures in public view -- railroad depots, power stations, etc. -- and being harassed by police.

      I am of two minds about this problem. On the one side, I feel we should have rights to individual privacy, and we're encountering challenges to individual privacy that were almost unimagined a generation ago. On the other hand, I believe powerful social institutions should be open to public scrutiny, and that this is necessary for a democratic society, but any right to individual privacy can be used by corporate entities, or by agents that act as catspaws for those institutions. I am at a loss how to reconcile these two goals.

    197. Re:Erm... by DaVince21 · · Score: 1

      The post you replied to doesn't actually have a relation to Jens Best - though I'm sure he'd agree. The poster talks about how nobody cares that they can see your house, not about people caring when pics from locations are removed.

      --
      I am not devoid of humor.
    198. Re:Erm... by DaVince21 · · Score: 1

      "Free" is not applicable... because it can be applied from both perspectives. I mean, shouldn't the home's owners be free to determine whether they want their house on display on Google Maps, too?

      --
      I am not devoid of humor.
    199. Re:Erm... by c0lo · · Score: 1

      Information isn't like that.

      I realize that: I'm writing open-source.

      People would be capable of duplicating the image of the house without your help, but would be forbidden to by a law specifically written to give you money - as a useless permission granting middle-man.

      How come? Just when/where did I say "people, to duplicate the image of my home, you need to give me money?"

      I don't see how you can't see the extortion in that.

      FYI:

      Extortion - is a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection.

      Do you say that, if I believe I own the image of my home, I'm sort of a mobster?

      All it would do is enable you to censor people (someone who was trying to use a photo of your house for any reason, such as a landmark, evidence in a court case, warning people about bad Halloween-candy, etc.)...

      The same way I'm censoring people to use the software I write in open-source. Is that extortion as well?

      .. and demand fees to duplicate it.

      If your argumentation is based on "You want to ask fees for it", your argument is pointless, because I don't (granted, others may).
      I, however, resent the use of photos of my home for commercial advantage by third parties, after I worked/paid a lot to make it look the way it looks. Is it clearer now why I'm on the opinion that people should ask my permission to use an image of my home for commercial purposes?

      --
      Questions raise, answers kill. Raise questions to stay alive.
    200. Re:Erm... by c0lo · · Score: 1

      not realy take a look at the stories about the UK police aresting phtographers left right and centre.

      I'm aware of that, and it is not the reason I resented your inference:

      are you like the Fake Plods (PCS Officers) who arested a phtographer in the UK for "being to tall"

      because in no post of mine I suggested the people publishing on internet an image of my home should be arrested.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    201. Re:Erm... by Anonymous Coward · · Score: 0

      There are two differences here: First one is a difference in quantity - google's streetview is on a very different scale compared to that which the law protecting public photographs applies to. The second is a difference in quality - if this guy is serious, he should make sure to bring a ladder so that he can take his pictures at the same height as the google cars (3 metres). That way he will see a lot more than he would normally see.

      M

    202. Re:Erm... by WNight · · Score: 1

      Do you say that, if I believe I own the image of my home, I'm sort of a mobster?

      I wouldn't use that word but to prevent me from taking a photo of your house and using it, at some point, you or someone on your behalf is going to say something roughly equivalent to "That's a nice camera. It'd be a shame if you were in jail and couldn't use it."

      Extortion doesn't require violence or a mob, especially where the society is willing to play that part by letting you exploit the law. For instance, suing someone under abusive libel laws for morally justified statements.

      Is it clearer now why I'm on the opinion that people should ask my permission to use an image of my home for commercial purposes?

      Yes.

      However it's not the issue of a monetary fee, or which limited uses you'd restrict. I object to giving you any control, which is really government-enforced limits on others, over images of anything you do in/near public.

      The outside of your house is public - you're putting it in the public's domain. For you to own its image, such that you could forbid someone's use of it (in any way) is to have power to enforce a hole in a panoramic photo.

      If you've created a work of art and you don't want it demoted to "domicile covering", don't place it in public view. Buy a circus tent and build your house in it and then you having control over the use of its image would be more reasonable.

      Overall, I see how you could feel a house is art. If you could draw a house you'd have a copyright on the image, so building the same house seems like it should be similarly protected. But a house by its nature is the covering that keeps the private things inside private by showing a publicly viewable shell.

      If you construct something you, by choice or contractual obligation, can't show to others you should be required by law to tarp it - not be given control of its image.

    203. Re:Erm... by c0lo · · Score: 1

      Do you say that, if I believe I own the image of my home, I'm sort of a mobster?

      Extortion doesn't require violence or a mob,

      To me, it does - directly or a threat of violence thereof. But anyway, it is clearer what meaning you give to the term and that's good enough for me (this being sort-of a private discussion already).

      Yes.

      However it's not the issue of a monetary fee, or which limited uses you'd restrict. I object to giving you any control, which is really government-enforced limits on others, over images of anything you do in/near public.

      As it will be with any law or justice decision, yes. However, who will enforce them is irrelevant to the problem: does this right exist or not.

      The outside of your house is public - you're putting it in the public's domain.

      Now, that is a compelling argument, let's look into it further.

      For you to own its image, such that you could forbid someone's use of it (in any way) is to have power to enforce a hole in a panoramic photo.

      No, not necessarily. Let me try another example: when strolling in a busy city centre, you can be photographed (by a tourist, let's say) as a part of the crowd.
      If, however, the said tourist wants a picture with you as the special subject, I'd expect the photographer to come and ask your permission. Which may or may not be granted. Almost for certain, if you find a photo of yourself on the Internet, even when taken in public places, and you don't like the purpose on which it is used, you can ask to be taken down.

      In the case of homes, in my mind this translates: as long as you take a panoramic photo and, further, presented to the public as such, you don't have to ask permission (the same as a photo of a person in a crowd). When you capture the image of individual homes, I think that you should ask for permission, and the owner of the home has equally the right to issue a take down notice if the photo is used for purposes she/he doesn't agree (no matter the reasons for disagreement).

      If you've created a work of art and you don't want it demoted to "domicile covering",

      That's not the only reason I can imagine for a person not agreeing with the photo being made public. Here are some other examples:

      1. privacy - and I'm including the geo coordinates of the home, not only what can/cannot be seen. Granted, even without StreetView, the geo position is not a secret, but neither widely/readily available for anyone
      2. misrepresentation - pertains to the context in which the photo is presented (like, taking a photo when the home is in shambles and inferring that it is how it looks now. Sort of slander in regards with the image of the home)

      don't place it in public view.

      I did say above it is a compelling argument, didn't I? (just checking. Yes, I did. Good...). What I'm arguing is a final balance between the public/private ownership in regards with the image of a home (in some fine-grain details which I wanted to explore) and I'm on the opinion that the image of a home is not automatically in the public domain, even when visible from the public places (the same it is with an image of a person).

      Anyway, thanks a lot, I feel it is (was, if you choose so) a good conversation

      --
      Questions raise, answers kill. Raise questions to stay alive.
    204. Re:Erm... by WNight · · Score: 1

      Extortion doesn't require violence or a mob

      To me, it does - directly or a threat of violence thereof

      Or any unreasonable outcomes. It's extortion if I threaten to torch your car or file false charges against you.

      I object to giving you any control, which is really government-enforced limits on others

      As it will be with any law or justice decision, yes.

      There's the violence you didn't want to see above though. Your "right" to control a photo is only enforceable because you want police to lock up people who don't agree.

      If you tell me not to publish your photo or you'll go to the police and have me arrested you're using threats of violence just as if you said "quit playing that music or I'll come break your face!" You're just doing it by proxy.

      Almost for certain, if you find a photo of yourself on the Internet, even when taken in public places, and you don't like the purpose on which it is used, you can ask to be taken down.

      You could ask. But you have absolutely no power to compel such a thing.

      Nor should you, that's news. "This guy was doing this." Any way you'd force the removal of an embarrassing photo could be used by a criminal to force newspapers to redact their stories.

      That's not the only reason I can imagine for a person not agreeing with the photo being made public.

      But none of them hold any weight.

      Censoring photos for privacy wouldn't provide it. I could still say "John's house is at XYZ, and looks just like this other house." Besides, we have harassment laws for this - regardless of the tool being photos or dead cats.

      As for misrepresentation, no, that's not. If I have a photo of your house all messy it's not misrepresenting it. That's what it looked like when I saw it. I've got photos of flowers that are now dead - is the photo misrepresenting the true nature of the flower? If I lie and say "and his house always looks like that", it may be actionable, but not the documentary photo.

      Besides, you keep trying to ban the instrument (the photo) rather than the action (harassment). That's like banning knives to prevent murder - totalitarian, harmful to society in general, and ultimately totally ineffective.

      I'm on the opinion that the image of a home is not automatically in the public domain, even when visible from the public places

      But that's what 'in public is'. If you don't want your home seen (as opposed to its location published, or its cleanliness maligned) then put a tent over it. If you don't want it photographed, you don't want it seen either, as an artist could accurately draw it. All of your issues, other than simply wanting to own something and control its use, are either covered by existing laws or are none of your business even if they involve an image of your home.

      Also you haven't shown any reason why you'd be given rights to these photos of mine in the first place. Why should this house-image right exist? Even if you don't like to think of it that way, your "rights" in these areas are actually restraints on my behavior. What possible benefits are there to everyone that could possibly warrant the restrictions on other people's liberty?

    205. Re:Erm... by c0lo · · Score: 1

      I object to giving you any control, which is really government-enforced limits on others

      As it will be with any law or justice decision, yes.

      There's the violence you didn't want to see above though. Your "right" to control a photo is only enforceable because you want police to lock up people who don't agree.

      Hmmm... seems to me that you are confusing some notions here: like law enforcement and extortion. Based on this, there would be no difference between a mobster and a policeman: both of them use violence or threat of violence, isn't it?

      Almost for certain, if you find a photo of yourself on the Internet, even when taken in public places, and you don't like the purpose on which it is used, you can ask to be taken down.

      You could ask. But you have absolutely no power to compel such a thing.

      Nor should you, that's news. "This guy was doing this." Any way you'd force the removal of an embarrassing photo could be used by a criminal to force newspapers to redact their stories.

      Editing/cropping a photo to exclude the context so that the subject will seem/look like doing something nasty: is this a desirable outcome to you? Where's the balance in this?

      Censoring photos for privacy wouldn't provide it. I could still say "John's house is at XYZ, and looks just like this other house."

      Ok, that's a solution good enough for me. I might accept it.

      As for misrepresentation, no, that's not. If I have a photo of your house all messy it's not misrepresenting it. That's what it looked like when I saw it.

      The moment in which Google StreetView (or any other publisher) will affix a note: "This is how the house looked at: -datetime-", you may be right and I might agree with it (depending on the context in which the photo is published). Please note that, would other safe-guards in publishing a photo be in place, I may not be that radical in what I' asking.

      I've got photos of flowers that are now dead - is the photo misrepresenting the true nature of the flower?

      Yes. And I can afford to be sure of that only because you used true nature of the flower: cannot be captured by a simple shot. You may consider that you captured what you believe is the true nature, but other can disagree (ask a bio-chemist, a biologist and a physicist what they believe is the true nature of anything and you will obtain different answers).

      If I lie and say "and his house always looks like that", it may be actionable, but not the documentary photo.

      Besides, you keep trying to ban the instrument (the photo) rather than the action (harassment). That's like banning knives to prevent murder - totalitarian, harmful to society in general, and ultimately totally ineffective.

      Mate, I'm tried already of repeating: should the owner of a house be able to control the publishing of a photo of the home.
      And you keep falling into the "taking the photo" action or the photo itself.
      I didn't ask to ban cameras, I didn't ask the cameras to have safety pins, all I'm asking is the publishing of the photo to benefit of some control from the owner of the house. Publishing is still an action in your understanding, is it not?

      Also you haven't shown any reason why you'd be given rights to these photos of mine in the first place. Why should this house-image right exist?

      I don't object of you taking photos of my house. I don't object to use them for personal purposes. I object to your right to do absolutely everything you want/imagine with the photo during publishing.
      If you would say: the owner's right to control the publishing should be somehow counter-balanced and limited by safe-guards, I might agree and we can explore the ways to limit my potential abuses. If you insist that I have absolutely no right to control the publishing of photos of my home, then we might as well stop here and agree to disagree.

      --
      Questions raise, answers kill. Raise questions to stay alive.
    206. Re:Erm... by WNight · · Score: 1

      Based on this, there would be no difference between a mobster and a policeman: both of them use violence or threat of violence, isn't it?

      Quite right. It all depends on what they're trying to do, and why. Police in many countries are the mob.

      If that policeman uses the implied threat of force to stop more unjust uses of force, it's good. If he collects unreasonably high parking-ticket fees he's a mobster.

      Editing/cropping a photo to exclude the context so that the subject will seem/look like doing something nasty: is this a desirable outcome to you? Where's the balance in this?

      Could you prove my intent to demean you more than inform the world, in court? If so it's a crime regardless of what medium I use.

      We don't need special laws for knife-murder, or for photo-libel.

      The moment in which Google StreetView (or any other publisher) will affix a note: "This is how the house looked at: -datetime-", you may be right and I might agree with it (depending on the context in which the photo is published).

      No. That's inherent in still photography and thus implicit. If it doesn't claim to be a live feed it doesn't need ridiculous "the area or items depicted in this photo may have changed" legalese on the bottom.

      I've got photos of flowers that are now dead - is the photo misrepresenting the true nature of the flower?

      Yes. And I can afford to be sure of that only because you used true nature of the flower: cannot be captured by a simple shot.

      And here I have you, in an equally tautological way, but one level higher.

      I said "misrepresent". Where on that photo are the words "'flower' as it is, was, and ever will be."? If they aren't there it's not claiming to be any more than an instant in the life of that flower.

      [stop me from taking photos]

      Mate, I'm tried already of repeating: should the owner of a house be able to control the publishing of a photo of the home.

      And you keep falling into the "taking the photo" action or the photo itself.
      I didn't ask to ban cameras, I didn't ask the cameras to have safety pins, all I'm asking is the publishing of the photo to benefit of some control from the owner of the house. Publishing is still an action in your understanding, is it not?

      Yes, but photography without publishing is useless. Once you start to control who can and can't see my work I might as well not bother. Which, I suspect, is the real motive of many people. I've been asked, in a hostile fashion, why I take photos instead of just buying post-cards. I'm surrounded by people who think nothing of my hobby and as such are willing to dismantle it, piece by seemingly unimportant piece. To one guy it's "no taking pictures of factories", to another it's airplanes, to you it's only publishing the works the subjects are happy with, etc. At the end there's nothing left.

      So no, I don't think your publishing controls would really stop there. If you let me take the photo I could leak it, obviously the law would need to cover capture to be effective.

      If you would say: the owner's right to control the publishing should be somehow counter-balanced and limited by safe-guards, I might agree and we can explore the ways to limit my potential abuses. If you insist that I have absolutely no right to control the publishing of photos of my home, then we might as well stop here and agree to disagree.

      Of course. If only I'd agree to these chains you'd know I saw reason and you wouldn't need the rest of them.

      No. There's no reason for it. Anything you wish to achieve is better achieved through other existing laws and doesn't come with the chilling effect of having to get the mercurial permission of a subject to depict them.

      If you actually had a single issue that was valid, could be solved this way, and could

  2. Re:Google by PiAndWhippedCream · · Score: 1

    If the man wants to tilt at windmills, I say let him.

  3. English version by cappp · · Score: 3, Informative

    For those of us who don't read German fluently click here

  4. It would be ironic if by mysidia · · Score: 4, Interesting

    The manually taken photos were of higher quality, and more detail than the Google streetview ones. Then the request to remove from streetview........ could result in more detailed imagery of the area being posted to a place where more people will notice it

    (Since streetview is so large, and has so many images.... a picture of an obscure place would probably not be noticed by many people, let alone get any attention or concern)

    1. Re:It would be ironic if by Anonymous Coward · · Score: 0

      The Streisand effect.

    2. Re:It would be ironic if by TooMuchToDo · · Score: 1

      How do you say "The Streisand Effect" in German?

    3. Re:It would be ironic if by anilg · · Score: 0, Troll

      Streiiständt üffect

      --
      http://dilemma.gulecha.org - My philospohical short film.
    4. Re:It would be ironic if by Anonymous Coward · · Score: 0

      it's called http://en.wikipedia.org/wiki/Streisand_effect

    5. Re:It would be ironic if by maxwell+demon · · Score: 2, Informative

      How do you say "The Streisand Effect" in German?

      Der Streisand-Effekt.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    6. Re:It would be ironic if by anilg · · Score: 1

      ouch! I was going for funny :(

      --
      http://dilemma.gulecha.org - My philospohical short film.
  5. Rights fight by gmuslera · · Score: 1

    Microsoft did a while ago a google street view like app, combining photos from end users from that location. The end result is the same for the ones concerned about privacy, but the source is different. This people want to do something similar, regarding what got censored in street view. Where you draw the line between the right of privacy and the right of using a (geotagging) camera to take out your own photos and publish them? Should geotagging cameras be banned or required to not give precise locations? And if you add to the mix foursquare and facebook places things gets worse.

  6. Such violence... by mysidia · · Score: 0, Offtopic

    The "Google Opt Out Village" was disturbing enough.

    This Google mafia stuff is really getting quite frightening.

    Just because someone doesn't want the building on street view is no reason to shoot it. What's next, hand grenades against people complaining about Google's privacy practices?

    I suppose let the buyer beware... once you ask Google to remove your place from streetview, make sure to wear a bullet proof vest at all times.

    1. Re:Such violence... by Anonymous Coward · · Score: 0

      "What's next, hand grenades against people complaining about Google's privacy practices?"

      Yeah. Because we (i.e. the Google Mafia) all know throwing hand grenades in a public place is perfectly legal in person, and anti-corporate buttwipes like you only complain about it when Google does it from their Googlemobiles.

    2. Re:Such violence... by Anonymous Coward · · Score: 0

      Umm... it's me still.

      Just realized you were punning on "shoot".

      Self-*wooooooooosh*, *facepalm*, etc.

      (In my defence, I just got off work, and I work with people who do use the level of illogic I thought you were displaying, routinely. ...not that that's an excuse for being a humorless douche on the internet, of course.)

  7. Never tried to shoot at the Pentagon, apparently by SlappyBastard · · Score: 4, Informative

    I can remember getting off the train at the Pentagon. I wanted to go upriver on foot to photograph the skyline of DC at night from across the river (don't ask me why -- ugly city). It didn't take too minutes before a Hummer came rolling out and a guy in a gun turret (gun pointed at me) told me to go away and not take any photos.

    Like it or not, some really stupid rules -- and even just really stupid etiquette -- governs what you can and cannot photograph.

    --
    I scream. You scream. I assume that means we're both acquainted with the problem. We proceed.
  8. Re:Never tried to shoot at the Pentagon, apparentl by King_TJ · · Score: 4, Insightful

    Yes, but how far did you push back when you were challenged?

    It's really pretty clear that a photographer has certain rights to shoot photos anyplace in public in the U.S.A. Government has often tried to intimidate photographers, under the guise that "national security" demands they cease, or alternately, lower-level security protests under false claims that some "policy" was violated.

    The Amtrak photography incident comes to mind: http://carlosmiller.com/2008/12/27/amtrak-police-arrest-photographer-participating-in-amtrak-photo-contest/

    A good guide to your REAL photographer's rights can be found here: http://www.krages.com/phoright.htm

    Having a gun pointed at you is a pretty strong intimidation tactic, yet if you're confident you're in the right, you can still stick up for your rights in that situation. Some soldier driving out to meet you in a Hummer is probably NOT prepared to fire a weapon at a civilian photographer. WAY too many consequences for an action that extreme. So you *could* have let them arrest you and take your camera, rather than complying ... and you'd have a really GOOD chance of coming out the victor.

    But let's face it.... that skyline photo probably wasn't something you wanted badly enough to fight for it.

  9. Is a Street View private? by rxan · · Score: 2, Interesting

    Our right to take panoramic snapshots, for instance, or to take photographs in public spaces, both base laws which determine that one may photograph those things that are visible from public streets and places.

    Is a photo of your lawn, outside of home, and garden a private affair? When people drive by your home do you chase them away like a barking dog? No (reply if you do). Then why should you shoo away the Google car?

    OK. But does that give you the right to aggregate those photos, organize them by location, creating a photo map of the entire planet?

    On the one hand: Location based services are increasingly being incorporated into photographic devices. It's only a matter of time before the planet is completely photo-mapped with location information. Attempts to prevent this are only by scaremongers who have an idealistic view of privacy.

    On the other hand: People have a right to privacy and it's unreasonable for one corporation to destroy it.

    1. Re:Is a Street View private? by c0lo · · Score: 1

      Attempts to prevent this are only by scaremongers who have an idealistic view of privacy.

      I'd wish you stop calling names, please? The reason person owning the place to refuse letting others use the image of it (in any way) is irrelevant... what is relevant is: does he have a right to do it?

      --
      Questions raise, answers kill. Raise questions to stay alive.
    2. Re:Is a Street View private? by xnpu · · Score: 2

      This is why your home has walls and a roof. You can have your privacy inside. Need a bigger private space? buy a bigger property. Google isn't destroying anything. You already had 100+ neighbors who could see your yard. Now you have a few virtual neighbors extra. That's it. You won't attract a lot of attention on street view unless you do something really interesting, in which case one of your 100 "real" neighbors would've already put some snapshots online a long time ago.

    3. Re:Is a Street View private? by thegarbz · · Score: 1

      On the other hand: People have a right to privacy and it's unreasonable for one corporation to destroy it.

      I love my privacy. I really do. I run around the house naked, I run around the garden naked, I spend more time in the pool naked than with bathers. I enjoy my privacy so much that I actually though about the design of this place. The house is on an easement and thus removed from the road, but the downside is we effectively have about 7 direct neighbours. A couple of trees here and there, a high shrubbery, neighbours which don't act like that nosey busybodies. I had sex with my girlfriend in broad daylight, on the weekend while all my neighbours were at home, on the trampoline! The only thing I have to fear is that Google maps happen to update while I'm outside enjoying myself.

      This isn't the result of some master work buying a special property. This is the simple result of a little gardening and home improvement. Don't like street view seeing your house? Fucking build a fence!

    4. Re:Is a Street View private? by fluch · · Score: 1

      OK. But does that give you the right to aggregate those photos, organize them by location, creating a photo map of the entire planet?

      That would be the reason I would want to shoo away the Google car.

      On the one hand: Location based services are increasingly being incorporated into photographic devices. It's only a matter of time before the planet is completely photo-mapped with location information. Attempts to prevent this are only by scaremongers who have an idealistic view of privacy.

      Take for example Flickr (which I am using). Even though one can look for photos based on location data it is far from giving you the same possibility as street few gives. It doesn't give you a systematic overview of the surrounding which gives you the information as you would get when walking there.

      I doubt that any site which allows you to share photo will ever get a service similar efective to Google Street View. And if they attempt ... well, I guess the public will have a say (at least in Germany).

    5. Re:Is a Street View private? by Bombur · · Score: 1

      When people drive by your home do you chase them away like a barking dog?

      Of course not, that darn dog has to do something to earn his keep.

  10. Run of-the-mill attention whore by gweihir · · Score: 1, Insightful

    That is what this guy basically is. There is a good change he will run foul of the law in addition

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  11. Privacy advocates vs Liberty advocates by mjwx · · Score: 1

    I'm getting popcorn.

    This level of cognitive dissonance in the libertarians is going to be amusing.

    After all who can say no to the photographers right to take pictures in a public place, but who can say no to someone's right to keep the front gardens off of a publicly accessible mapping system.

    (to the rest of us, we know this guys just being an arsehole)

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
    1. Re:Privacy advocates vs Liberty advocates by Anonymous Coward · · Score: 1, Insightful

      After all who can say no to the photographers right to take pictures in a public place, but who can say no to someone's right to keep the front gardens off of a publicly accessible mapping system.

      This is not even particularly difficult. Yes, the photographer can take pictures in public places. No, you can't keep your publicly-viewable gardens from being photographed. That is the legal answer, and (in a happy coincidence) the ethically correct position.

    2. Re:Privacy advocates vs Liberty advocates by yyxx · · Score: 1

      but who can say no to someone's right to keep the front gardens off of a publicly accessible mapping system.

      You have that right. The means you use to do that is called a "fence".

      Of course, Germany restricts tall fences in many places because they are considered ugly.

      (to the rest of us, we know this guys just being an arsehole)

      If standing up for democracy and freedom of speech makes someone an "arsehole", we need more people like that.

    3. Re:Privacy advocates vs Liberty advocates by Zironic · · Score: 1

      How the fuck is is standing up for democracy to ignore peoples wishes and publish pictures of them and their homes on the internet? That's the polar opposite.

    4. Re:Privacy advocates vs Liberty advocates by tehcyder · · Score: 1

      I'm confused by what seems to be the consensus on slashdot that it is OK for Google/whoever to photograph over your fence into your garden, but that CCTV cameras on public streets used to identify criminals are somehow an Orwellian infringement of freedom.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    5. Re:Privacy advocates vs Liberty advocates by yyxx · · Score: 1

      How the fuck is is standing up for democracy to ignore peoples wishes and publish pictures of them and their homes on the internet? That's the polar opposite.

      Your wishes aren't relevant as far as public streets are concerned. I have a right to be there, I have a right to photograph there, and those rights are worth protecting. Democracy is meaningless if voters don't have information to base their decisions on.

      That means for local elections, that I should be able to see, document, and share how my taxes are distributed across neighborhoods and what the effects of zoning laws are.

      It also means that low-income people should be able to see the neighborhoods that the rich live in, and vice versa.

      Google Street View makes that easy, and that's a good thing. Whether you like it doesn't matter.

  12. It isn't about legality... by bm_luethke · · Score: 4, Insightful

    ...it is about not being a douche bag.

    Really, it isn't illegal and that isn't why Google removes them. He isn't going to get arrested so his willingness to have that done is irrelevant. What he is doing is being a a major asshole and justifying being proud of it under some "information wants to be free" meme.

    My address, phone number, and a great deal of other information is certainly public knowledge - one can look it up on the internet (and I even use an abbreviated version of my real name so it isn't even that hard), yet I still wouldn't want all that attached to every post I made. There is a great deal of public information that we *all* would rather not telegraph in that well a concise and easy simple way to view. I'm willing to be this guy has a number of things about his life he considers private, is legally not, and would be royally pissed if people made a point of putting it on the internet. If someone walking down the raod asked politely to not be photographed few would call him a hero of anything if he then not only followed them taking all the photos he could but made sure that everyone singled them out to show what they would rather have private - no different here. I don't care about my picture being on Google Street View (well, other than the car was taking pictures when a police man was telling me to move my truck is parked in the road because someone up the street complained - we are on a dead end road. It's amusing as you can clearly tell I'm out on my front porch, the police car in the street, and the man in Blue talking to me - but then I find the thing more amusing than anything especially since I can pinpoint the exact time the car want by) and can't really see why anyone would care - but if they did it is called being a nice person to remove it.

    If he wants to push a real cause go take photographs of military installations or secure places like nuclear power plants. But then there you are actually likely to have real consequences instead of just being a douche bag and making people mad. Plus it is places that are actually illegal to photograph, used to be legal to do so, and there is a great deal of debate on what should and should not be allowed. Peoples houses in mapping software? Not so much - as is he is simply trying to make himself feel better by doing something minor/worthless and rationalizing that it is somehow, in someway, actually edge and dangerous. Yea, go stick it to the man! Just wait until these people see their houses photographed on the Internet, that'll show !

    --
    ------- Sorry about the spelling, I suffer from two problems. Dyslexia makes it difficult to spell well, lazy makes it
    1. Re:It isn't about legality... by yyxx · · Score: 2, Insightful

      Really, it isn't illegal and that isn't why Google removes them

      Germany is trying to make it illegal.

      My address, phone number, and a great deal of other information is certainly public knowledge - one can look it up on the internet (and I even use an abbreviated version of my real name so it isn't even that hard), yet I still wouldn't want all that attached to every post I made.

      How is that relevant? Google Streetview doesn't prevent you from being anonymous, nor does it identify you in any way. It gives people access to pictures of public places.

      If he wants to push a real cause go take photographs of military installations or secure places like nuclear power plants.

      Generally, photographing those is also legal. When there are restrictions, they are legal, too.

      His cause is to ensure that what is currently legal remains legal, so that (among other things) bloggers and an independent press can continue to take photographs and publish them.

    2. Re:It isn't about legality... by Peeteriz · · Score: 1

      The way I understand this was that Google agrees to remove the photos not to remove your house, but to remove inconvenient pictures of people that have been accidentally filmed - say, if your window is wide open and if you are visible mostly naked behind it, they'd immediately remove the pic out of courtesy.

      However, they don't bother to re-photo the house due to cost reasons; but this guy aims to fix this. And he is making quite a point with his actions; the point being that given the current rules, you don't get an opt-out chance. And this may actually be a pro-privacy point - shoving in your face the fact that if you want it to be private, then you can NOT rely on everyone just being as polite as Google, but you need to push for changes in the legislation that will give you real rights to demand the photos to be removed or not filmed at all.

    3. Re:It isn't about legality... by houghi · · Score: 1

      Germany is trying to make it illegal.

      Germany is a democracy. People voted for their government and this once that government sets their people before a company (They also do more things that the people do NOT like, but those are separate issues)

      His cause is to ensure that what is currently legal remains legal, so that (among other things) bloggers and an independent press can continue to take photographs and publish them.

      No, he is being a douche. If he wanted to fight for freedom of the press, he would just pick one building (if possible his own) and do it with that.

      These people asked to be removed from that specific database for whatever reason. People want to have much more privacy and their elected government is wanting to give that to them. He is just being a prick.

      So the people do not WANT the pictures to be taken. They WANT to limit the freedom of the press. Both by law AND by own choice. I am one of those people who do believe in privacy more then in _absolute_ freedom of the press.

      --
      Don't fight for your country, if your country does not fight for you.
    4. Re:It isn't about legality... by richlv · · Score: 2, Insightful

      wouldn't a person who tries to restrict and censor the right to take photos in public places be a "douche bag" ?
      you know, all those private security officers, policemen and other assholes we have been discussing in previous /. articles who have been harassing photographers ?

      --
      Rich
    5. Re:It isn't about legality... by Anonymous Coward · · Score: 0

      If he's cause is to keep this sort of thing legal, then he's just fucked his cause in the ass. Google was taking the safe route and being polite enough to keep hidden the people who didn't want to be shown. This douchebag is saying "fuck you information wants to be free lol" and just pissing off the people most likely pushing for the law. What do you think the end result is going to be?

      This guy is an asshole and I hope that someone starts following him around 24/7 in public and posting everything he does on the internet.

    6. Re:It isn't about legality... by yyxx · · Score: 1

      Germany is a democracy. People voted for their government and this once that government sets their people before a company (They also do more things that the people do NOT like, but those are separate issues)

      What does that have to do with the issue? What Best is doing is still entirely legal. It does force the issue, however: is Germany going to just do away with press and photographic freedom altogether, or is it going to stop these absurd restrictions?

      These people asked to be removed from that specific database for whatever reason. People want to have much more privacy and their elected government is wanting to give that to them.

      The people of Germany also elected a government that threw Jews into ghettos and then murdered them; that doesn't make it right. And the people of California voted to outlaw gay marriage and have just been told that doing so probably runs afoul of the constitution. Not everything people vote for in a democracy is right or legal.

      Democracy is meaningless if citizens don't have meaningful data based on which to make decisions. Being able to see, on the ground and without bias, how other people live is an important part of that. Neither your embarrassment at having an ostentatiously big house, nor your embarrassment at living in a slum, should allow you to restrict other people from seeing that.

      So the people do not WANT the pictures to be taken. They WANT to limit the freedom of the press. Both by law AND by own choice. I am one of those people who do believe in privacy more then in _absolute_ freedom of the press.

      And that belief is probably why Germany keeps slipping into totalitarianism. When will you people wake up?

      And Germany doesn't have much privacy where it counts: the German government is one of the most intrusive governments in the West, tracking its citizens in minute detail from cradle to death.

      As Franklin said: "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

  13. Had to read the subject twice. by mgichoga · · Score: 2, Funny

    Phew! I had to read the subject twice. For a while there I thought Germans had started assassinating buildings.

  14. Eat shit and die you fucking nutter by Anonymous Coward · · Score: 0

    I'm an amateur photographer and as far as I'm concerned this clown is making that harder. My personal ethics is I wouldn't want to publish photos that are unflattering or invade someone's privacy. On another level if people feel their ability to avoid being photographed and sense of privacy is being trampled on that just puts more pressure on lawmakers to raise the hurdles. In the worst cases it means photographers getting a kicking and having their cameras smashed just for carrying a camera.

    Jens is just like that Wikileaks guy and taking too narrow a view of law and the real world. Usenet has almost entirely shut down so the trolls are looking to raise their game. This and other projects like this are just trolling. I don't care what the fancy arguments are. I don't care about your fucking "right" to poke your nose into whatever you want when you want. There's a limit and I wish idiots like this would stop getting publicity. This arguments are not new and these people are not special so why the hell are we even having this conversation?

    Eat shit and die you fucking nutter.

    1. Re:Eat shit and die you fucking nutter by tibit · · Score: 2, Insightful

      So how do you draw the line between what's acceptable viewing/photography, and what's not. To me, a reasonable expectation of privacy would be in within an optically obscure enclosure. Say in your home, with curtains drawn, or window blinds closed. If someone had a radar imager, I'd be quite pissed: it's not reasonable to expect people to live in Faraday cages. But there's nothing reasonable in obsessing about street view pictures -- how do those invade my, or anyone else's, privacy? I just don't get it. Someone has raised an argument that since street view van cameras are higher up, they can look over the fences and make it easier to scout out potential targets for thieves. I guess it's time I took the time to write down the damn serial numbers from any expensive equipment I own. Other than that, the insurance covers me against theft. I should take a few pics of each room, to make it easier to prove ownership of certain things -- as an alternate to having a part-time job of billkeeping. All that stuff will probably end on google's servers ;)

      --
      A successful API design takes a mixture of software design and pedagogy.
  15. German attention whore Jens Best was found dead. by Phizzle · · Score: 0, Flamebait

    Anonymous source close to the investigation says that Jens Best had choked on a wide angle lens that was shoved down his throat, his netbook was found firmly embedded in his rectum. There was much rejoicing.

    --
    I will not be pushed, filed, stamped, indexed, briefed, debriefed or numbered. My life is my own.
  16. They are being nice so they don't get forced by Anonymous+Brave+Guy · · Score: 3, Insightful

    Either way, Google is being nice by taking down photographs upon request. This is not a legal requirement, or censorship, or anything like that.

    Not yet.

    Clearly a lot of people felt strongly enough that this sort of activity constituted some sort of invasion of privacy to make the effort to ask Google to take the photos down. Clearly Google felt there was enough of a risk (legal, PR or otherwise) in not doing so that they instituted a policy to comply with these requests, and they have introduced various other policies for related reasons.

    If people like this Jens guy won't voluntarily respect that and want to deliberately upset all those other people just because they can legally do so today, then the law can always be changed tomorrow to fix that problem. This is the basic flaw in the whole "You have no reasonable expectation of privacy in a public place" argument: it based on law rather than on ethics, and ignores the fact that laws are supposed to change as the world does, including keeping up with the implications of new technologies and how people feel about them.

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:They are being nice so they don't get forced by TubeSteak · · Score: 2, Interesting

      If people like this Jens guy won't voluntarily respect that and want to deliberately upset all those other people just because they can legally do so today, then the law can always be changed tomorrow to fix that problem.

      And how do you propose fixing that "problem?"
      Only allowing the police to videotape & photograph in public?
      Extending the DMCA to include otherwise legal pictures of property visible to the public?

      This is the basic flaw in the whole "You have no reasonable expectation of privacy in a public place" argument: it based on law rather than on ethics

      What the hell kind of argument is that?
      How is it unethical to engage in Constitutionally protected rights?
      Unpopular speech is exactly what the First Amendment is there to protect.

      --
      [Fuck Beta]
      o0t!
    2. Re:They are being nice so they don't get forced by Anonymous Coward · · Score: 1, Interesting

      No amendmenss you mentioned apply to Germany though. Google took the photos from their cars about 2.8m high. This isnt allowed in Germany if you are a photographer on the street. You can only take photos without the help of ladders or similar equipment. People who have plants and fences around their properties to protect their privacy from the ladderless public now find themself exposed on Google SV.

    3. Re:They are being nice so they don't get forced by Anonymous Coward · · Score: 0

      It's worth noting that there is legal precedent that you can't publish a pervasive database of geolocated street level photography. TeleInfo tried something very similar to Google Streetview in 1999 and was prohibited from publishing the pictures.

    4. Re:They are being nice so they don't get forced by Anonymous+Brave+Guy · · Score: 1

      And how do you propose fixing that "problem?"

      Change the law to prohibit behaviour whose implications society now finds to be unacceptable.

      As I have noted before, it's not difficult to establish objective criteria that separate what Google is doing with Street View from the natural interactions of someone walking down the street, or for that matter from someone taking private holiday snaps or a professional photographer working in a public place. There is a commercial/private use distinction, whether we're talking about a small number of one-off observations or systematic recording of a large area, whether the information collected uses equipment to observe things that someone going about their normal daily lives could not, whether the observations will be published to the general public or used only internally, how location data will or will not be associated with each observation, whether the data can be looked up by some sort of database search, etc.

      What we need to do is find out which criteria, or combination of criteria, give rise to the implications that apparently a significant number of people do not wish to accept, decide whether additional prohibitions should be made in these areas, and leave everything else alone until we have reason to do otherwise.

      What the hell kind of argument is that?

      That the law should reflect ethics and not the other way around? I think it's a basic principle of any just legal system.

      How is it unethical to engage in Constitutionally protected rights?
      Unpopular speech is exactly what the First Amendment is there to protect.

      That's nice for you, but we're not talking about the US, we're talking about Germany. Do you realise not only that US laws do not apply to the rest of us, but also that the US has some of the weakest protections for privacy and personal data of any country in the world and most of us do not regard its laws as a model of how this sort of issue should be handled? It's actually illegal to transfer personal data from European businesses to the US without explicit permission, because your legal safeguards aren't up to even the minimum standards we consider acceptable here.

      If you are sure that your position is the right one, you might like to consider that places like Germany have rather more recent, and sometimes all too personal, experience of the consequences of allowing too much mass surveillance of the population than you do across the pond. Their national culture has a definite element of "never again" about it, born of that experience.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    5. Re:They are being nice so they don't get forced by Anonymous Coward · · Score: 0

      To start with, this isn't the USA, and secondly, the Constitution isn't some law of nature handed down by the gods, it's just another set of laws that can be amended if society agrees they don't match what it expects.

      If society agrees that privacy can be more important than freedom of speech, then the Constitution should be changed to reflect that.

  17. Reasons for removal by Anonymous Coward · · Score: 0

    Rights and so on aside, I had my house removed from Google Streetview because I owned a easily identifiable Rx7. This was an issue as the Rotary comunity is small in the city I live and my girlfriend at the time had a stalker.

    He had some idea of where we lived, he knew what my car looked like, so I thought it was prudent to make it harder for him to find us. Obviously he could have found us if he tried hard enough, making it a simple process was something I was trying to avoid.

    Sure, he could have driven up and down streets until he saw it, for practical reasons I knew he was unlikely to do so and also would have demonstrated to law enforcement he was an issue.

    Should I be forced to show the front of my house? I don't think so. To me it is a question of ease of information getting out. I don't like the idea of all my information being out there requiring little effort to get. If you have a reason for the information, you can get it, otherwise why do you need it?

  18. I wish this article had a pole. by Anonymous Coward · · Score: 0

    Personally, I think he shouldn't do it. Aggravating/stressing out people unnecessarily isn't nice regardless of whether their fears are irrational or not (except when treating a phobia).

  19. I support a citizen's right to shoot. by anti-human+1 · · Score: 3, Funny

    I support a citizen's right to shoot. (I live in the U.S., not that that's relevant)

    1. Re:I support a citizen's right to shoot. by anti-human+1 · · Score: 1

      :P I was being serious.

      (now watch this get modded funny too?)

  20. Re:Never tried to shoot at the Pentagon, apparentl by Anonymous Coward · · Score: 0

    And I bet they'd just love if it photographers started sending unmanned drones zipping around the pentagon and major cities to take their photos for them - just like the military does when it wants something under surveillance (not always, but sometimes). Sure, it's impractical now - but that's where StreetView was a couple of years ago. We'll probably have affordable automated surveillance drones available to the general public in the next decade (I'd bet they could be affordably built by a tinker right now, but not affordably replaced as often as they'd need to be right now given the tendency of misguided authorities to confiscate/detonate anything they don't expect to see).

    Hey, guess what? That's the exact same outcome as in this case: someone who wants an unreasonable level of privacy at the expense of society generally, says "don't you dare photograph this, photographer who I can identify!" (Google) and so then photographers that they can't identify start taking photos what they didn't want photographed, specifically because they said "don't" and tried to prevent people who had every right to see it, from seeing it.

    The problem has always existed. You didn't care before. Now that you notice, you care; only because you notice, not because you should. But guess what? If you didn't make a big deal, you'd be a statistic. But because you want to be treated specially at the cost of society generally, you are treated with contempt by society.

    Really, why should you get special treatment? And when you ask for it, why shouldn't you expect to be met with contempt by at least some of the rest of society (like the specific segment you affect the worst)?

  21. You got it by SmallFurryCreature · · Score: 1

    Mmm Zerth, how I love thee.

    Oh wait... that is what you look like naked... nevermind.

    Anyone attractive^H^H^H^H^H^H^H^H^H^H human around I can stalk?

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  22. Re:Google by adamofgreyskull · · Score: 5, Insightful

    Not sure what you're inferring from the summary, or implying with your "moral high ground" comment, but he's not trying to "stick it" to Google. Google have just complied with requests to remove the photographs. I think he's going to do what they can't(or won't) do, i.e. take pictures and link them to Google maps. If the same people want to request that those photographs be taken down, presumably Google won't be able to just remove them...as they are expected to do when it's their photographs and they're trying to avoid a lawsuit/Bad PR. Even if Google does take them down, he can still find some other way to do it..

    Why Google removed them in the first place I have no idea. Photographs taken of anything from the street must surely be allowed on the grounds that there's no reasonable expectation of privacy if your building is situated on a public right of way?

  23. Re:Never tried to shoot at the Pentagon, apparentl by tftp · · Score: 1

    Having a gun pointed at you is a pretty strong intimidation tactic [...] Some soldier driving out to meet you in a Hummer is probably NOT prepared to fire a weapon at a civilian photographer.

    You'd bet your life on too many assumptions. You have no idea what are the rules of engagement. You have no idea what is there that they don't want you to take pictures of. You don't know if the soldier's trigger finger is itchy. And you don't know how the soldier perceives you - as a civilian photographer or as a terrorist who is about to blow up. Case in point - recent shooting of Eric Scott. Police was misinformed about the situation and came ready to kill, which they did.

  24. Germans are confused on privacy by yyxx · · Score: 1

    German politicians seem to think that the best thing to do is to give each person total control over data about them... total control, except, of course where the German state is concerned. The German state collects and shares data about its citizens in a way that would be unacceptable in most other democratic nations. Germany is rapidly heading towards totalitarianism again.

    1. Re:Germans are confused on privacy by prefec2 · · Score: 1

      This is nonsense. German data privacy rules for the state is based on the principle to avoid unnecessary data collection. Second, there are states like the UK where they use video cameras at large while in Germany the use is still restricted to a view areas. Third, we are far away from totalitarianism (see http://en.wikipedia.org/wiki/Totalitarianism). We a neither governed by a single person or class who have absolute power nor do we have a ideology posed on everyone. Right now it is more like, that the Neoliberalism is loosing ground (the last tow decade ideology) and our government is merely occupied by themselves and their egos.

      If you think that democracy needs more public participation then your right, but this is not the due to some sort of totalitarianism. THis is because people are too lazy to act in their own interest.

      BTW: What do you understand by the term anarchy? (see http://en.wikipedia.org/wiki/Anarchy) This will not work, because there are too many morons running around which are not bound by any social code. Read the average Internet/Web forum if you doubt that.

    2. Re:Germans are confused on privacy by tehcyder · · Score: 1

      Germany is rapidly heading towards totalitarianism again.

      Don't...mention...the...war.

      --
      To have a right to do a thing is not at all the same as to be right in doing it
    3. Re:Germans are confused on privacy by yyxx · · Score: 1

      Why not?

    4. Re:Germans are confused on privacy by yyxx · · Score: 1

      German data privacy rules for the state is based on the principle to avoid unnecessary data collection.

      Much of the data that the German government collects isn't "necessary", since most other governments work just fine without it.

      Privacy and data protection in Germany are a joke, and all the hysteria surrounding Google Street View is really just political posturing. First, it lets the German government divert attention from its atrocious record on privacy and civil rights, and second it is whipped up by publishers who have an ax to grind with Google.

      Third, we are far away from totalitarianism

      Are you having trouble understanding the meaning of "rapidly heading towards"? Furthermore, if you check your history, the transition from democracy to totalitarianism is often quick and unexpected; a steady erosion of civil rights and liberties lays the groundwork.

      Second, there are states like the UK where they use video cameras at large while in Germany the use is still restricted to a view areas.

      Restricted to what??? Government-operated cameras are all over Germany: in cities, on highways, on roads.

      What do you understand by the term anarchy?

      I didn't use the term, why do you bring it up? Do you think that allowing public photography amounts to "anarchy"? Get real.

      Protecting freedom of the press and keeping public spaces public is not anarchy, it's the bedrock of democracy. Giving individuals full control over their personal data, on the other hand, is anti-democratic; democracy cannot function if people can keep secret arbitrary information.

  25. Re:Never tried to shoot at the Pentagon, apparentl by yyxx · · Score: 1

    That analogy doesn't work. Eric Scott had a gun. Doing anything with a gun while police are around is dangerous. A camera is not a gun. It doesn't threaten the life of police, and it probably won't get you killed, no matter what.

  26. Re:Never tried to shoot at the Pentagon, apparentl by Anonymous Coward · · Score: 1, Funny

    pics or it didn't happen

  27. Re:Never tried to shoot at the Pentagon, apparentl by tftp · · Score: 3, Interesting

    A camera is not a gun. It doesn't threaten the life of police, and it probably won't get you killed, no matter what.

    That "probably" is not good enough - especially when dealing with soldiers. It only takes a misunderstanding. If a gun is pointed at you then a mechanical malfunction also can kill you. (That's why we are told to never point a gun at anything but intended targets, among other rules.)

  28. Misconception by Anonymous Coward · · Score: 0

    I have noticed a common misconception regarding Streetview and Google Earth. People that are not particularly IT savvy (generally older or very young people) see these applications and immediately assume they are being watched constantly, rather than being photographed once in a blue moon. It seems the fact that these applications use animated transitions has the effect that users think "film" rather than "photo". This is a shocking scenario for them, even though it is false. After the feeling of shock/surprise, comes immediately the remark "big brother is watching you" (at least in the older generation). It often takes some minutes to explain how the *magic* is done, and generally the reaction can be reverted from "fear of being watched" to interest, and subsequently to an appreciation of usefulness. Unfortunately without a close relative or friend to guide/inform the user, a strong feeling of paranoia can take hold, resulting in a distaste and resentment for such applications. Whether there can be talk of an invasion of privacy, I would say no, but appreciate that others might have another opinion. The mention that these apps can be used for "stalking" suggests that even IT savvy slashdot readers might have mistakenly thought they could be used for surveillance, which they clearly can not.

    1. Re:Misconception by b4upoo · · Score: 1

      I'm not even certain that stalking should be a crime. After all, following a corrupt politician and trying to find out who he associates with and what kind of money he spends is also a kind of stalking. I do understand that young women sometimes have a sexual type stalker making their life difficult but the notion that all stalking is bad is a false one. Think of a parent who knows that one kid in the neighborhood is pushing drugs and wants to find out which one. Doesn't that parent have a right to follow, record and study the neighborhood teens until the one who is dealing is caught? After all, a drug dealer in a school or in a neighborhood is a real threat to the life and health of other kids and the police can not usually root these characters out of the area.

  29. The Definition of Public is, well, PUBLIC by crf00 · · Score: 1

    I submitted this story earlier because I agree with Jens Best that it is wrong to claim that Google Street View is violating people's privacy.

    A street is a public space. By definition, a public space is where you expect anyone can see what you're doing, and that includes taking pictures. Is it wrong for average joe to take a photo on the street which include random people and plate number? No. So then why should it become wrong when Google is taking photos on the street?

    So what's wrong with that? Logically there's really nothing wrong. You only feel it wrong because you don't want so many people to see you appear on that street. But remember its a public space, whether you like it or not there're always people watching you.

    Hence, the root of the problem is not Google taking your photo, but its that Google makes it easy for anyone in the world to see photos taken on a street. I'd stress it again, its EASIER now for anyone to see photos of a street - the problem is on the EASINESS, not publicness or privateness.

    Generalizing the problem, we can see that the root problem is on the advance of technology. With the wide adoption of digital camera equipped smartphones, anyone has the right to take pictures at any public space. The technology also make it easier for anyone to see the taken photos on the Internet. Now as long as the photo is not taken at private space, logically there is nothing wrong for anyone to do that. Google is only pioneering the technology to make it extremely easy to view photos of any street.

    But even if Google took down street view, it is definitely possible to have user generated street view in the near future, especially with the assist of technologies such as PhotoSynth and geo-tagging. The technology is improving in extremely fast pace, and it will be soon that we can even see entire reconstruction of streets and buildings become a practical reality. I for one definitely hope that such technology could arrive to my country so that I can preserve the heritage of my own town "perfectly" without needing to wait for Google to come to my country.

    With CCTV and Street View already watching us all around, the bad news is that there will definitely be more digital eyes watching on us from anywhere at all. If people already complaining on Street View, can they even accept a decentralized peer to peer street view? Should they ban the collaboration website or ban users from submitting photos? Or would it become prohibited to even take photos using hand phone in public spaces? Or is every tourists and photographers are under obligation to blur people's faces and car plate numbers in every photo they've taken?

    Although I certainly agree that Street View would not necessary bring no harm to anyone, but I also think that it is wrong to ban such activities for personal reasons. This is not a privacy problem, this is a technological problem. The only way to make it not happen is to prevent the technology to advance. The public space already has a meaning, that is, public. I think nobody should demand for privacy in a public space, and it does no good to impose any privacy restriction to spaces that are already public. Sure you can define more non-public spaces like in your own house and impose privacy restriction there, but street is public, so don't complain.

    Finally, I'd like to make disclaimer that I'm writing this not because I'm opposing privacy. I'm just stating the facts here about the root cause of privacy problems and the real challenge on solving them. As far as I know, I think it is wrong to define the problem as "privacy invasion" and such, and I don't think there are any other ways to prevent that other than redefining the meaning of "public" and stop technology from progressing. If anyone else can come out with a better solution, I'd definitely more than happy to accept it. And I really hope my 2 cent can make people think more deeply on the problem and solve the root cause instead of bashing the surfaces by blaming the corporations.

  30. Legal, yes. Worrying yes too. by aepervius · · Score: 1

    Yes you are all welcome to take photo of homes. It isn't forbidden by the law in germany. But the main problem people sees, is 1) privat sphere, partially alleviated by the fact google remove face and auto number 2) the fact the raw data are saved in the USA where data protection law don't apply anymore and 3) the fact that as a database that means you can quickly scan for house in the comfort of your home(to steal for example) rather than have to be physically present and scan visually.

    In the USA you might not even recall what that "privacy" and "data protection" means, but in germany it is certainly very actual.


    On the issue , I am pretty clear personally. If the photo are to be used in a publication, we had pre-internet law which are OK. If the photo is OTOH to be used in a database in which they have no control contrary to german law, then I agree with the people. And that photograph is a ASSHOLE for intentionally going and taking photo of such homes.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  31. Need to focus by agent_vee · · Score: 1

    We are talking about buildings here. Not people. Buildings. If you don't want people to see your home then go live in a cave in the mountains. Otherwise welcome to society.

  32. nerds conflate ability and morality by FuckingNickName · · Score: 1

    The thing I hate most about nerds is the "we must because we can" philosophy. Here's something else I can do: follow Jens Best around all day, and his mother, and his offspring, with a wide angle lens, an infrared camera, a highly sensitive microphone and a wardriving kit. Oh, I'm sorry, is your 7-year-old daughter pissing in her bathroom a private affair? Well, if she's going to radiate infrared onto the street I don't see why she has any more right to privacy than the wall in front of it, bouncing all that visible light.

    And that saucy conversation you're having with your lover over VoIP, oh my! What's that? Well, next time you build your house, build it with perfect sound-proofing, peasant! See, if you speak to a public space - and you are doing so if you're speaking loudly enough for the sound waves to reach public space - then you have no expectation of privacy. You might as well point a megaphone at the street.

    And, hey, should have picked a better WPA password! If you're going to pound my head with all those business contacts at 2.4GHz, you'd better expect me to record and publish them.

    While we're at it, I hope you don't mind, but I have a rather nasty chronic and catchy cough. So all that sneezing I do within a few metres of you, and all that leaning I do on public property on the pavement outside your house - probably going to give you something. You see, it's legal, and I can physically do it, so I'm fairly sure it's a bold and honourable move to demonstrate my right to do so.

    Finally, fuck the law. It doesn't matter that the EU has harmonised data protection laws relating to exporting of information which can be used to identify private persons. I don't like those laws, and I have the right to use private data about any individual in any way I like. I am irrelevant and conformist and it bothers me that no-one cares about anything I produce, but I don't have the strength to take it out on those who might actually be causing harm to me. So I'm going to take it out on the stranger on the street.

    Support me, brothers, in my right to feel slightly better about my impotence by being an unproductive dick.

    (But, goddammit, it's the State's duty to require ISPs to let angry geeks use their pipes the way they want without being monitored.)

    1. Re:nerds conflate ability and morality by Dynedain · · Score: 1

      That pretty clearly would be afoul of harassment laws.

      --
      I'm out of my mind right now, but feel free to leave a message.....
    2. Re:nerds conflate ability and morality by FuckingNickName · · Score: 1

      And yet no force or fraud is being initiated. Laws against stalking (without menaces) are just a codification of consequences of the right to privacy.

  33. Jens Best is a rancid cunt by Anonymous Coward · · Score: 0

    Allow me to exercise my absolute freedom of speech, and say:

    Jens Best is a rancid cunt. He can only achieve orgasm if he fellates dead, underaged goats.

    Stick that up your ass, Mr Best.

  34. It doesn't matter really by fluch · · Score: 1

    John Best can take as many photos as he likes, geotag them and upload them to Picasa.
    However, as I have declined Google the right to store or publish images of my house or car for the use of street view. It doesn't matter, if you can take as many such pictures as a private person and upload them, Google is not allowed to include them along the street view service (here in Germany that is).

    So it really doesn't matter whether John Best wants to behave like a small tiny upset boy. Soon we will have forgotten about him again ;-)

  35. Invade by b4upoo · · Score: 1

    Any property that was excluded from Street View should be photographed in unusual depth and the information should carry a tag that the photo is of someone who has reason to hide. Let the light shine deeply and brightly!

    1. Re: Invade by Anonymous Coward · · Score: 0

      Along with those photos of you masturbating to your perverted porno, poohead.

  36. Freedom of the panorama by Confused · · Score: 5, Interesting

    In Germany, there's the so-called freedom of the panorama, which means, that you're allowed to take pictures of the panorama in public places, which includes houses etc. However, that freedom is limited to a natural perspective, so you may take take the picture while walking down the street, but you may not use a stepladder or step on a car roof to get a higher vantage point. It's a very simple to understand and convenient rule about private space. If you don't want to be photographed in your garden, make the wall high enough that people passing-by can't see over it. If someone peeks over that wall and takes pictures, he's invading your privacy.

    So what the photographer proposes to do is probably perfectly legal. With the Google streetview cars the problem is, they take the pictures from higher up than regular eye level, thus the freedom of the panorama doesn't apply to them and they get in all kind of trouble. There's another company (can't remember which one) taking pictures of streets, but they have mounted the cameras directly on the car roof, probably to avoid the problems Google has.

    All in all, Google is in this mess in Germany because they didn't bother to check local laws and believed American rules apply everywhere.

    1. Re:Freedom of the panorama by SpaghettiPattern · · Score: 1

      They should should have use a suitable car like this one for instance. I guarantee pictures can be taken at eye level and even lower if necessary. And I bet it's a hell of a lot quicker than the car used so far. I own one.

      --

      I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
    2. Re:Freedom of the panorama by Anonymous Coward · · Score: 0

      All in all, Google is in this mess in Germany because they didn't bother to check local laws and believed American rules apply everywhere.

      Pretty standard procedure for most Americans -- politicians included.

      America and Americans like to believe that everybody else is subject to their laws, and that they're above those of everyone else.

    3. Re:Freedom of the panorama by pigwiggle · · Score: 1

      "All in all, Google is in this mess in Germany because they didn't bother to check local laws and believed American rules apply everywhere."

      Troll much? More likely they (Google's lawyers) were in what they believed to be a legal gray area and thought things would work out in their favor. Which, with a few exceptions, it apparently has. And it looks like those exceptions are going to be resolved without Google's interference. So I don't think it's reasonable to say Google is "in a mess". Google most certainly has an army of lawyers in every country it has a significant presence - including German layers, no doubt.

      --
      46 & 2
    4. Re:Freedom of the panorama by misexistentialist · · Score: 1

      We tend to have looser laws, and it is a natural to assume that most things are legal. On the other hand, there have probably been plenty of German tourists who have tried to drink alcohol in public in the USA before finding out their assumption was false. Researching whether the government gives permission for each action is a shitty way to live.

    5. Re:Freedom of the panorama by Anonymous Coward · · Score: 0

      This is a general misconception of the "Panorama Freedom". It covers only copyrighted objects (sculptures, some types of architecture). It DOES NOT cover ordinary houses, because there simply is no law that prohibits taking images of houses.

      See http://en.wikipedia.org/wiki/Panoramafreiheit, or more detailled in German: http://de.wikipedia.org/wiki/Panoramafreiheit

      So in short: The Panorama Freedom grants the right to take and use photos of copyrighted things from public spaces.

    6. Re:Freedom of the panorama by morari · · Score: 1

      Anything that can be seen from a vehicle in a public road must not be that private to begin with, right? I have no issues with StreetView. My road is too obscure to be mapped by their vans (now), and the evergreen trees are way too dense along the road to even see my house at the top of the hill. You can see the gate across my driveway of course, but there isn't even an address posted. ;)

      --
      "He who can destroy a thing, controls a thing." --Paul Atreides, Dune
    7. Re:Freedom of the panorama by Anonymous Coward · · Score: 0

      There are quite a few other companies that take pictures of streets, I work for one. We do road surveys which the authorities then use to decide whether something needs to be done to that road, e.g. fix potholes etc. Part of our survey is taking continuous pictures of the route with several cameras mounted to the roof of a van, about 2.3 metres high.

      On the other hand, we do not publish those pictures on the internet, they are only supplied to the people who paid us for the survey.

      There are at least 3 other companies that do the same in Germany and many more in other countries.

      Regarding German laws: There is no law in Germany that forbids something like Streetview. Some of our politicians are now trying to invent one to distinguish themselves. But on the other hand they have already passed laws that make Big Brother look small like having all phone companies and internet providers store our data for 6 months just in case a crime might make it convenient to have them.

    8. Re:Freedom of the panorama by dvanse · · Score: 1

      With the Google streetview cars the problem is, they take the pictures from higher up than regular eye level, thus the freedom of the panorama doesn't apply to them and they get in all kind of trouble.

      So Google can hire this guy to take streetview pictures?

  37. Re:Google by houghi · · Score: 1

    Photographs taken of anything from the street must surely be allowed on the grounds that there's no reasonable expectation of privacy if your building is situated on a public right of way?

    When I am on the street, I did not trow away any rights. I still should be expected to have certain privacy. e.g. NOT have pictures of me place online.

    Something like some countries have a law against taking pictures in a court or the full name of accused people. That does not stop freedom of the press. You can still send a journalist there.

    And just because something is legal does not make it right to do so.

    --
    Don't fight for your country, if your country does not fight for you.
  38. Re:Never tried to shoot at the Pentagon, apparentl by ducomputergeek · · Score: 1

    "Stop quoting laws to us. We have machine guns." (with all due respect to Pompey)

    --
    "The problem with socialism is eventually you run out of other people's money" - Thatcher.
  39. Re:Google by tehcyder · · Score: 2, Insightful

    Why Google removed them in the first place I have no idea.

    Then you are a clueless twat.

    They were asked to, and thought it might not be a good idea not to piss off potential customers by refusing. It's called civility, something a that seems to get forgotten around here with people blathering about their "rights".

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  40. And freedom from respect for the individual by beh · · Score: 2, Insightful

    Let's ignore the question of the legality of google streetview itself (as far as German law is concerned) for the moment.

    This photographer doesn't just assert his right to take panoramic photos - he also asserts the right to completely override a person's wishes.

    If someone registers NOT to have their home photographed, and he goes there taking photos and publishing them either way, is that the right way to deal with people?

    I wonder - what are all the legal things I am perfectly in my right to do around him if he's out in public - particularly those he might not enjoy so much?

    So, picture this 'A' asks for something NOT to be done.
    B goes out of his way to do EXACTLY what person A asked NOT to be done.
    (You might want to note, that the photographer did not have the intention to go and take photos of any of the buildings, UP UNTIL he finds them pixelated in street view).

    Think carefully:

    1) is B fighting for the freedom of the net? (or however he might want to justify his action)

    2) is B just plain an , for decidedly overriding the wishes of those applying for their houses NOT to be pixelated?

    Think very carefully - there are many things perfectly legal that YOU as a person might still not want done TO or immediately AROUND you - but it's exactly that, that the photographer is aiming for.

    1. Re:And freedom from respect for the individual by Confused · · Score: 1

      This photographer doesn't just assert his right to take panoramic photos - he also asserts the right to completely override a person's wishes.

      If someone registers NOT to have their home photographed, and he goes there taking photos and publishing them either way, is that the right way to deal with people?

      We have here two opposite wishes, one of the photographer to make legal pictures in public places and the other of the owner of controlling photographers taking pictures. In Germany, the matter is pretty clear, the wish of not having the pictures taken is secondary to the one taking pictures as long as it's from eye level. Wanting greater control from the house owners is simply rude and impinges unreasonably on the photographer's freedom. The freedom of the house owner starts two foot higher, where the photographer will respect the wishes of the house owner. Google didn't.

      Why does he do it? Probably because he's fed up as most photographers with the War on Photgraphy where their profession or hobby is made nearly impossible by random idiots illegally restricting their granted rights.

    2. Re:And freedom from respect for the individual by beh · · Score: 2, Insightful

      I am an active (hobby) photographer, so I do know about the restrictions.

      I DO also get pissed off with people trying to restrict me from taking photos. But if someone kindly asks me not to take a photo of their property, I will accept that.

      This guy wants to take photos of the buildings of those whose place are pixelated in street view, ONLY because the respective owners or tenants DO NOT WANT it.

      And that's plain just a transgression of common decency of one human being to another.

      If the photographer is genuinely interested in a building that happens to be pixelated in street view, let him take photos of it - as far as I'm concerned, even let him publish the photo. But just taking photos of houses BECAUSE the owner doesn't want it, irrespective of whether the house looks dull, amazing, rich, poor, in good nick or a dump...

      And - for the record, the house I currently live in IS on street view, and I don't give a rats ass on whether it's on there or not. But, just as I would like my own wishes against what I might consider annoying behaviour respected (if someone felt he needed to behave like a complete twat around me), I think the wishes of those people who do NOT want their houses on street view should be respected.

      This should be very basic common decency of one human being to another.

      Something that seems increasingly harder to find...

    3. Re:And freedom from respect for the individual by Blue+Stone · · Score: 2, Insightful

      So ... if I wish that you would stop posting to slashdot, you would be morally bound to respect my wishes? After all, to do otherwise would be to "completely override a person's wishes" and I have registered my desire that you NOT post anymore and you'd explicitly post anyway? Is that "the right way to deal with people?"

      You'd be overriding my wishes not to see your posts here, in my own home! Not just in public - IN MY OWN HOME - invading it with your unwanted posts! How outrageous of you!

      Of course I have no desire to see anyone stop posting to slashdot, let alone you, just pointing out that the crux of your argument - that someone's wishes (whether they register them or not) is a ludicrous basis for restricting the actions of another in and of itself (and where no harm is inflicted).

      With respect, maybe you should "think very carefully" and a little more deeply about the matter yourself (and before you instruct others to).

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    4. Re:And freedom from respect for the individual by Shadowmist · · Score: 2, Insightful

      Slashdot unlike a private home is not your property. If you're viewing my post it's because you're making the effort to do so. you've virtually "left your wall to come here" so your straw argument does not apply. While I understand Schneider's perspective in the "War on Photography", I also see the other side. As a former photographer myself I can make the unequivacal statement that many phtographers are quite simply... jerks who feel they have the right to take what they want from other people in the name of "news" or "art". Taking pictures of someone home to post on streetview SPECIFICALLY because they've requested them to be taken down smacks of the kind of arrogant asshattery I'm referring to.

    5. Re:And freedom from respect for the individual by beh · · Score: 2, Insightful

      If you were the OWNER of slashdot, I would likely follow your wishes if they were for me to stop posting.

      But since you're not - I don't think you're in a place to 'demand' it (whether it would be within the law to demand so or not).

      This is a place for discussion, and as such, anyone is invited.

      Your house is on private ground - but obviously, it HAS to border on some public space through which to access it. In that public area, you may take whatever photos you like - but even on public ground, if a person living right next to that particular spot would kindly ask you not to take photos of THEIR possession, which is visible from said public space, then they should get their wish.

    6. Re:And freedom from respect for the individual by TheABomb · · Score: 1

      No, his analogy is proper, as he posited a case where people were restricted from the public posting use of the site, just as the argument here is trying to make private the public facade of a house (and the APPEARANCE of the OUTSIDE of your home is every bit as much a piece of public domain information as is the registration of your address). Your assertion of a "straw argument", in fact, relies on the improper equality of posting comments to this story like we're doing to -- well, I'd say stealing the site code if Slash wasn't already open.

      If you want your home completely hidden from the public eye, you don't live in a city next door to other people -- you find an isolated parcel of real estate, surrounded by trees or hills or even a fence, with a private road leading to it, and you live there. If it's easier or cheaper to have a house that's on a common street, that ease or price is the price you pay for not having privacy in the commons. But to live there and say "I don't like people seeing my house from a car!" is no more your right than your "right" to demand that your neighbours in the house across the street may only stand facing forwards if they're on the porch, but that they can't look out their upstairs windows or even look out their downstairs windows if they're sitting on a chair.

      --
      MSIE: The world's most standards-complaint web browser.
  41. Where does it stop? by Anonymous Coward · · Score: 0

    Can I make a painting of your house?

    Can I write about your house?

    Can I make a video of your house?

    In all honesty I can't think of any piece of legislation anywhere (I have lived in several very diverse countries) where people have a right about what is in public view.

    In some places you are not even allowed to put fences deemed to high in front of your house.

    You may not want a picture of your house posted, but that does not mean you should be granted your wish. Freedom of expression is far more important than the misgivings of a few people about ... well, I don't know about exactly what frankly.

    People over sensitive about this should frankly be ignored.

  42. Because that is harrasement by Anonymous Coward · · Score: 0

    Surely you understand the difference between a one off picture of a place in full public view and a surveillance video.

  43. There was never a reasonable expectation by mdwh2 · · Score: 1

    What does "reasonable expectation" actually mean?

    For most of the history of human civilization, the reasonable expectation was that, although people could see you in public, and in recent history, people could take photographs, there was never an expectation that it would suddenly be available for the entire world to see, forever, at a click of a button.

    By all means we can debate the rights and wrongs, but let's drop this pretence of "reasonable expectation" - that's just a circular argument, as you're starting out with the assumption that it's reasonable.

    Now, I think that this guy has every right to photograph in public. But that doesn't stop him being an ass.

    What happened to Don't Be Evil? Just because you have a legal right to do something, doesn't mean it's always a good thing to do it. Equally, we have a right to criticise either Google, or this guy.

  44. Hmm, this guy is ripe for Homeview by cheros · · Score: 1

    I think this guy deserves a visit from the Google Homeview team..

    --
    Insert .sig here. Send no money now. Owner may sue, contents will settle. Batteries not included.
  45. Re:Google by azmodean+1 · · Score: 2, Informative

    When I am on the street, I did not trow away any rights. I still should be expected to have certain privacy. e.g. NOT have pictures of me place online.

    Actually you do. When you are in public, you give up some of your privacy rights. If you have a picture of you taken in a public place that will embarrass or harm you in some way, you have no legal recourse to avoid having that picture published as far as I know.

    Repeat after me, "I have no expectation of privacy when in a public place.". It is an extremely simple principle, and I don't understand why people think that it doesn't apply to them.

    There are laws against posting defamatory information of most kinds, but if it is a legitimate picture then there is no recourse.

    And just because something is legal does not make it right to do so.

    I feel the same way, like about people telling photographers that it is illegal for them to take pictures in public. It isn't illegal for private citizens to claim rights that they don't actually have as far as I know, but it isn't right to do so.

  46. A German photog? by Anonymous Coward · · Score: 0

    What's a photog? Is that short for photographer, photography, photograph? Or is it a new elementary particle similar to a photon? Or something related to a balrog? Come on people, is photographer really such a scary word?

  47. Re:Google by WNight · · Score: 1

    There's always a clueless twat willing to demand you stop doing something harmless. If you give in they just demand something else. I've been asked not to take a picture of a park, not because of a child in the photo but simply because children play in the park sometimes.

    Civility would be taking advantage of your right to curtains instead of demanding people not take pictures of your house.

  48. Straw Man by Blue+Stone · · Score: 0

    OK, so there's an abusive spouse.

    He or she tracks them down through other means and finds their address through a map. Do you want to ban maps? The telephone that allowed him or her to place inquiries leading to their victim's details? The car or the bus or the train or the tram, the bike or his shoes that allowed them to travel to the various places where they sought out information while stalking and tracking the person they want to victimise?

    What use is a Google Streetview image of a house at an address without all the other information? How is it more useful than a map - or just physically travelling there - in respect to harassing someone at that address?

    Google Streetview doesn't give you all the information of people living at an address and live video streams inside people's houses. It's no more of value for stalkign a victim than a map - you need to have already acquired information elsewhere for it to have any use - you would need to HAVE ALREADY FOUND YOUR VICTIM in order for streetview to have any use - and then it's only a cursory use - 'oh I turn left when I see that tree'.

    Your argument is a straw man (and flamebait to boot.)

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  49. Re:Never tried to shoot at the Pentagon, apparentl by Dynedain · · Score: 1

    and you'd have a really GOOD chance of coming out the victor.

    Unfortunately, in a situation like this, the best "victory" you'd get is being released without charges.

    --
    I'm out of my mind right now, but feel free to leave a message.....
  50. Thank God by Anonymous Coward · · Score: 0

    for the Second Amendment.

  51. Irony by TangoMargarine · · Score: 1

    Then you are a clueless twat.

    It's called civility, something a that seems to get forgotten around here

    No kidding.

    --
    Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
  52. Re:Never tried to shoot at the Pentagon, apparentl by Anonymous Coward · · Score: 0

    Rules of engagement? What the hell is this, Afghanistan? We don't have rules here in the US, we have laws. If that idiot had pulled the trigger then he should get life in prison or the death penalty (depending on the laws there).

  53. Re:Never tried to shoot at the Pentagon, apparentl by Anonymous Coward · · Score: 0

    Maybe the guard just wanted to stop him from wasting a photo on an ugly city.

  54. Re:Never tried to shoot at the Pentagon, apparentl by Anonymous Coward · · Score: 0

    Welcome to barbarism. Go to Ciudad Juárez in Mexico if you want to see where that would get you.

  55. Precedent by dcw3 · · Score: 1

    So, would there be any difference if google or this "artist" were supplying a live feed video of public places? By the logic of some posters, I don't think there would be. Would it be fine with you if you had a webcam pointed at your residence 24/7? It would have all kinds of implications, and make burglary much easier. I think if you swapped this discussion between stills and live video many folks would pause a bit more, and lean toward privacy. Are there any different legal implications between the two technologies? How many of you walk around at home not fully clothed, and maybe by a curtain that's not entirely shut. Nobody's likely to notice, but have a camera cruise by at the wrong instant, and you're liable to regret it.

    I'm seriously fine with google's approach, but our laws have not kept up with tech, and the implications.

    --
    Just another day in Paradise
  56. Re:Never tried to shoot at the Pentagon, apparentl by kevinNCSU · · Score: 1

    I know the area he's talking about, he's on Pentagon Grounds and there are clearly posted signs saying photography is not allowed on the property. I don't think military property counts as public space. You could easily stand on the other side of the road and take pictures though, like where all the news crews were set up immediately post 9/11.

  57. Re:Never tried to shoot at the Pentagon, apparentl by tftp · · Score: 1

    Rules of engagement? What the hell is this, Afghanistan? We don't have rules here in the US, we have laws

    Soldiers are governed by RoE. Police is governed by laws. You can argue that use of the US Army on US soil is illegal in itself, good luck with that.

  58. Re:Never tried to shoot at the Pentagon, apparentl by yyxx · · Score: 1

    That photographer was killed by a tank shell.

    And what does that have to do with anything anyway? A camera may get police angry at you, but by itself, it isn't cause for them to draw their guns. If you draw a gun, however, police will draw theirs.

    I'm sorry, as I was saying: Eric Scott is not a symbol for dangers to photographers. If you want to see what kinds of dangers photographers face, go to PINAC.

  59. Think of the Children by sponga · · Score: 1

    So your argument is basically the same old "Think of the Children

  60. Picasa or Panoramio? by RealGrouchy · · Score: 1

    He then wants to add those photos to Picasa, including GPS coordinates, and in turn re-connect them with Google Maps.

    I thought the only way to connect geocoded photos to Google Maps was with Panoramio? I once tried it with Picasa and was frustrated that I had to re-upload them to Panoramio (or trans-load them from Picasa).

    - RG>

    --
    Hey pal, this isn't a pleasantforest, so don't waste my time with pleasantries!
  61. rights vs rights by seekertom · · Score: 1

    we have many 'rights', and some of them are 'right', while others are just there in case someone 'needs' to use them. Take the ground zero mosque, for example.... they have the right to build, but is it right to build if many neighbors are opposed? One day we will have sufficient concern for each other that these will not be an issue. Today, too many of us 'could care less' about others, so yes, Houston, we do have a problem"

  62. I know Germans LOVE the tall Aryan type, but ... by TheABomb · · Score: 1

    So Randy Newman was right, short people do in fact have no reason to live, at least if photography is their chosen calling. Do you also outlaw Hail Mary shots?

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    MSIE: The world's most standards-complaint web browser.