Geocache Navigator, quilty of Copyright infringment?

[+Adium]

While watching the video about getting thier services for free on a Nokia phone, I noticed something. At about 2:18 into the video there is a stock photo that was taken from istockphoto.com. The blue globe on the left has a white line which they use to prevent people from stealing there graphics.

 

Probably not a big deal but I would think that a company like this would spring for the $5 to buy a small blue globe instead of just ripping off the artist.

 

The video is located here:

http://www.geocachenavigator.com/NokiaEdit...29/Default.aspx

or

 

The image is for sale on istockphoto.com for 10 credits. Typically its $1 per credit but you get a discount the more you buy.

 

http://www.istockphoto.com/file_closeup/ob....php?id=3122051

 

You can see that they are the same picture.

 

Edited May 21, 2008 by Adium

[+9Key]

[+WRASTRO]

I would guess they have legal counsel to handle this sort of question.

[+steve p]

I think you should contact there their legal department.

[+Adium]

I just thought it interesting as Geocaching is suing another company (terracaching.com) for something similar.

[+WRASTRO]

Who published the video? Groundspeak? Nokia? Trimble? I believe they are all separate companies. And they all probably have legal counsel.

[+Adium]

The screenshot above is from the Geocache Navigator website. I also highly doubt they received any legal counsel about using the image.

[+WRASTRO]

The screenshot above is from the Geocache Navigator website. I also highly doubt they received any legal counsel about using the image.

 

So the publisher would be Trimble? As it is a publicly traded company I would be just a bit surprised if they had not passed this by legal. But stranger things have happened when the marketing department gets involved.

[+Adium]

It's only that one picture. I have used some of these icons from istockphoto before so it jumped right out at me. It sucks to have to pay $10 for one little icon like that but its worse when they make a simple call to my web host and shut down my entire website. I was also using the icon for personal use, these guys are using it for commercial use.

 

The page where you can buy this icon is here:

http://www.istockphoto.com/file_closeup/ob....php?id=3122051

 

it says 10 credits, about a dollar a credit. I still highly doubt any legal professional could pick it out, unless they knew how istockphoto works as I do.

[+WRASTRO]

Ok, now I am a little confused. This now starts to sound like "the rest of the story". Is this thread just because you got busted for something you weren't supposed to be doing and now you want to make sure someone gets hassled as well?

[+Elde]

The screenshot above is from the Geocache Navigator website. I also highly doubt they received any legal counsel about using the image.

 

It's not like this is the first time $BIG_COMPANY has used someone else's artwork sans permission. There's been several such cases recently.

[+Dgwphotos]

How do you know they didn't pay to use it?

[+steve p]

How do you know they didn't pay to use it?

I think the original post says the image has a line through it, meaning it wasn't purchased.

 

But I think Wastro is right about why he's posting here, except it's because the OP paid for an image and now wants to tattle on someone because they may not have paid.

[+Prime Suspect]

How do you know they didn't pay to use it?

I think the original post says the image has a line through it, meaning it wasn't purchased.

That doesn't necessarily mean anything. The would have done a mock-up first with the available image, and run it past TPTB. Then they may have simply not bothered to replace the image with the paid-for version. They may even have liked the one with the line better than the one they paid for.

 

Still can't figure out what any of if has to do with geocaching.com or geocaching in general.

[+tempestaz]

While watching the video about getting thier services for free on a Nokia phone, I noticed something. At about 2:18 into the video there is a stock photo that was taken from istockphoto.com. The blue globe on the left has a white line which they use to prevent people from stealing there graphics.

 

Probably not a big deal but I would think that a company like this would spring for the $5 to buy a small blue globe instead of just ripping off the artist.

 

The video is located here:

http://www.geocachenavigator.com/NokiaEdit...29/Default.aspx

or

 

The image is for sale on istockphoto.com for 10 credits. Typically its $1 per credit but you get a discount the more you buy.

 

http://www.istockphoto.com/file_closeup/ob....php?id=3122051

 

You can see that they are the same picture.

 

 

The Geocache Navigator video was produced by an amateur enthusiast who gave us permission to post it on the web. Although he may have initially used the unlicensed stock image in creating the video, Trimble subsequently licensed the artwork from iStockphoto for public use.

 

Larry (Trimble Outdoors)

[+tempestaz]

The Geocache Navigator video was produced by an amateur enthusiast who gave us permission to post it on the web. Although he may have initially used the unlicensed stock image in creating the video, Trimble subsequently licensed the artwork from iStockphoto for public use.

 

Larry (Trimble Outdoors)

Edited May 22, 2008 by tempestaz

[+Renegade Knight]

While watching the video about getting thier services for free on a Nokia phone, I noticed something. At about 2:18 into the video there is a stock photo that was taken from istockphoto.com. The blue globe on the left has a white line which they use to prevent people from stealing there graphics....

 

Now you know the story. Did you want to ask the obvious follow up question?

 

"Does the license give you the right to use the unlicensed (lined) image as well as the actual image? Or just the unlined actual image?"

[+TheAlabamaRambler]

I feel sure that Trimble would accept an apology for the OP's publicly accusing them of ripping off the artist!

[+PhxChem]

I feel sure that Trimble would accept an apology for the OP's publicly accusing them of ripping off the artist!

 

I think the OP was right on actually. The image they used was an unlicensed copy. The OP was correct.

 

Now if Trimble would learn to dot their "i's" and cross their "t's" lest they give an impression that they are being run completely by "amateur enthusiasts."

[+WRASTRO]

I feel sure that Trimble would accept an apology for the OP's publicly accusing them of ripping off the artist!

 

I think the OP was right on actually. The image they used was an unlicensed copy. The OP was correct.

 

Now if Trimble would learn to dot their "i's" and cross their "t's" lest they give an impression that they are being run completely by "amateur enthusiasts."

I have to disagree. Trimble DID do what they needed to legally, according to Larry. I don't see why anyone should be getting on them for not changing images in a video they had the rights to use.

 

This would have been an easy question to ask Trimble rather than trying to drag them through some imaginary mud for some reason. I think the original post was irresponsible. It is easy to toss out a grenade. Doing a bit of due diligence is a bit harder but is the better, and right, way to go.

[+The Leprechauns]

Meanwhile, I'm having a blast using Geocache Navigator. Having all the cache pages, logs, and cache maps for the entire world sitting in my phone has saved me from a number of DNF's, and allowed for me to travel outside my planned pocket query coverage area when the mood strikes me. It also transforms my phone into a half decent backup GPS that I let my daughter use when we're hunting together.

 

Oops. Sorry to actually talk about geocaching.

[+J-Way]

The real problem is that it only works with Sprint/Nextel, Boost, and SoutherLINC services. If you want decent phone coverage in rural areas and subscribe to Verizon or AT&T then you're out of luck.

 

Verizon even goes to the trouble of specifically disabling access to the GPS receivers in their phones unless you subscribe to their $10/month Navigator service or when dialing 911.