Comment by kortilla

> Most of your analysis is flawed because the model is non-rivalrous so it could easily be given to every player.

Sure, copying it is approximately free. But using it provides value, and sharing the model dilutes the value of its usage. The fact that it's free to copy doesn't mean it's free to share. The value of the copy that Niantic uses will be diluted by every copy they make and share with someone else.

> Additionally, many people can contribute to make something greater that benefits everyone (see open source). So the argument of “you couldn’t have done this on your own” also doesn’t hold any water.

Your second sentence does not logically follow from the first. In fact, your first sentence is an excellent example of the point I was making: many people contribute to open-source projects, and the value of the vast majority of those contributions on their own do not amount to the sum total value of the projects they've contributed to. This is what I meant by "your own individual input is itself insufficient to have created it in the first place". Sure, many people contribute to open source projects to make them what they are, but in the vast majority of cases, any individual contributor on their own would be unable to create those same projects.

To rephrase your first sentence: the value of the whole is greater than the value of the parts. There is value in putting all the pieces together in the right way, and that value should rightfully be allocated to those who did the synthesis, not to those who contributed the parts.

Is a canvas-maker entitled to every painting produced on one of their canvasses? Without the canvas the painting would not exist--but merely producing the canvas does not make it into a painting. The value is added by the artist, not the canvas-maker--therefore the value for the produced art should mostly go to the artist, not the canvas-maker. The canvas maker is compensated for the value of the canvas itself (which isn't much), and is entitled to nothing beyond.

> The only thing that protects niantic is just a shitty ToS like the rest of the games that nobody pays attention to. There is nothing fundamentally “right” about what they did.

There's also nothing fundamentally wrong about it, either, which was my point. Well, my point was actually that it's even more shitty to demand the sum total of the output when you only contributed a tiny slice of the input.