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Thread started 14 Apr 2008 (Monday) 12:02
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Couple sues Google for posting house pix

 
kona77
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Apr 14, 2008 12:02 |  #1

By JOE MANDAK, Associated Press Writer Fri Apr 4, 4:15 PM ET

PITTSBURGH - A western Pennsylvania couple has sued Google Inc., saying pictures of their home on its Web site violate their privacy and devalued their property.

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Images of the home Aaron and Christine Boring bought in the Pittsburgh suburb of Franklin Park in October 2006 appeared on Google's "Street View" feature, which allows users to find street-level photos by clicking on a map.
"A major component of their purchase decision was a desire for privacy," according to their complaint, filed Wednesday in state court, which also says the couple suffered mental distress.
The images must have been taken from the couple's long driveway, which is labeled "Private Road," and that violated their privacy, according to the complaint.
To gather photos for Street View, Mountain View, Calif.-based Google sends vehicles with mounted digital cameras up and down the streets of major metropolitan areas taking pictures. Many other companies take real estate photos the same way.
Google spokesman Larry Yu said the site indicates that property owners can get the company to removed images if they cite a good reason and can prove they own the property depicted.
"We absolutely respect that people may not be comfortable with some of the imagery on the site," Yu said. "We actually make it pretty easy for people to submit a request to us to remove the imagery."
If the Borings made such a request — especially if they told Google its photos must have been shot from their driveway — Yu said he is confident the image would be removed.
The couple's attorney, Dennis Moskal, said the point is that the Borings' privacy was invaded when the Google vehicle allegedly drove onto their property.
Removing the image won't undo that damage, nor will it deter the company from doing the same thing in the future, Moskal said.
"Isn't litigation the only way to change a big business' conduct with the public?" Moskal said. "What happened to their accountability?"
Yu declined comment on the suit itself because the company was still reviewing it.
Google is not the only Web site with a photo of the Borings' property.
The Allegheny County real estate Web site has a photo, plus a detailed description of the home and the couple's names. Similar information, including pictures, of nearly every property in the county is on the Web site.
Moskal said the county's image appeared to be taken from a public street.
"The county's not trespassing," Moskal said.
Moskal said his clients did not wish to speak to the media. The Associated Press could not find a listed phone number for them.
The Borings paid $163,000 for the property, according to the county Web site. The county describes the home as a single-family, four-room bungalow with a full basement. The one-story frame home was built in 1916 and sits on a property that's a little less than 2 acres.
The home is 984 square feet with a fireplace and central heat and county assessors graded it as being in "Fair" condition. The county Web site does not mention the property's two detached garages and swimming pool, which are visible in the Google pictures and are mentioned in the couple's lawsuit.


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http://news.yahoo.com …Exfozhy.Ph3zKib​1_II9U.3QA (external link)


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TheHoff
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Apr 14, 2008 12:05 |  #2

Is this an update to the older story or another lawsuit about Google Street View?

Seriously, if you can shoot it from the street, it is fair game. These people need to get off their little privacy ranch and buy some curtains if they're so concerned.


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Apr 14, 2008 12:10 as a reply to  @ TheHoff's post |  #3

TheHoff wrote:
Seriously, if you can shoot it from the street, it is fair game. These people need to get off their little privacy ranch and buy some curtains if they're so concerned.

This lawsuit IS overboard because a simple request gets the picture removed and there is no real damage to the couple. I veiw it as a money grab. HOWEVER... the picture was not taken from the street, but was taken from a private drive road/driveway. If you want privacy enought to purchase a home not visable from the street then you have a right to that privacy.


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mr_e
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Apr 14, 2008 12:12 |  #4

Frivolous lawsuit, Google makes it so easy to request a photo be taken down.

They're just trying to get money outta Google because it's such a big company

Edit: beat to the punch :)


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kona77
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Apr 14, 2008 12:13 |  #5

TheHoff wrote in post #5326796 (external link)
Is this an update to the older story or another lawsuit about Google Street View?

Seriously, if you can shoot it from the street, it is fair game. These people need to get off their little privacy ranch and buy some curtains if they're so concerned.

I just found this posted and the article is from April 4, 2008. Maybe you have seen it already.


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pixelharmony
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Apr 14, 2008 14:11 |  #6

This is what I hate about this country... I can't believe they would even try to get away with something like that.


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tomd
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Apr 14, 2008 14:17 |  #7

Slightly off topic: is Google allowed to take a picture of my house without my permission and use it for financial gain? In other words use a picture of my house without a release? I know they are taken from public property (street), but isn't using my property for commercial gain without my consent illegal?


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kona77
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Apr 14, 2008 14:26 |  #8

tomd wrote in post #5327625 (external link)
Slightly off topic: is Google allowed to take a picture of my house without my permission and use it for financial gain? In other words use a picture of my house without a release? I know they are taken from public property (street), but isn't using my property for commercial gain without my consent illegal?

I was wondering that myself.


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tomd
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Apr 14, 2008 14:51 |  #9

kona77 wrote in post #5327676 (external link)
I was wondering that myself.

This is interesting.
http://www.asmp.org …/copyright/publ​icbldg.php (external link)
http://www.asmp.org …ases/AboutPrope​rtyRel.php (external link)

I classify the custom front of my home as "art" ;)


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Bill ­ Roberts
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Apr 14, 2008 15:14 |  #10

Well... I can't really comment on USA law because I live in the UK but I don't see any reason that I can't comment on the moral position.

As far as I'm concerned it all hinges on whether the photos we're taken from a public street or the owners property (the driveway). If it was from a public place then I don't see that Google are in the wrong at all. I'd be surprised if Google had the time to go onto someones drive though, I got the impression that they just drove around with a camera car on the main roads.

Who knows?

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pmk
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Apr 14, 2008 15:14 |  #11

kona77 wrote in post #5326785 (external link)
The county Web site does not mention the property's two detached garages and swimming pool, which are visible in the Google pictures and are mentioned in the couple's lawsuit.

I'm sure they're gonna hear from their local Property Tax Assessor's office and get their taxes jacked a bit. ha ha!

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mr_e
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Apr 14, 2008 15:26 |  #12

tomd wrote in post #5327625 (external link)
Slightly off topic: is Google allowed to take a picture of my house without my permission and use it for financial gain? In other words use a picture of my house without a release? I know they are taken from public property (street), but isn't using my property for commercial gain without my consent illegal?

What commercial gain do you mean? Their map services are all free


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Analog6
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Apr 14, 2008 15:29 as a reply to  @ mr_e's post |  #13

Perhaps they have something to hide?


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tomd
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Apr 14, 2008 15:32 |  #14

mr_e wrote in post #5328027 (external link)
What commercial gain do you mean? Their map services are all free

Google had revenue of over 16 billion in 2007.
Just because the user of a service (like Gmail) doesn't pay for the service, that doesn't mean that Google isn't collecting revenue from it via other methods.

Their business model is unique; free software, but they make billions selling data.
Tom


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mr_e
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Apr 14, 2008 18:23 |  #15

tomd wrote in post #5328059 (external link)
Google had revenue of over 16 billion in 2007.
Just because the user of a service (like Gmail) doesn't pay for the service, that doesn't mean that Google isn't collecting revenue from it via other methods.

Their business model is unique; free software, but they make billions selling data.
Tom

True, but I'm not sure using the photos for a free service would qualify as commercial, but then I'm no accountant so who knows


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Couple sues Google for posting house pix
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