Mat

> >From what you say there may be restrictions as to how I can legally view
> the scenery having paid for a copy of it. This is something I hadn't
> considered, so I will wait to hear back.

It's possible that the EULA will have a restriction against modifying the
images, but obviously I'm speculating. Best to wait to hear as you say. You can
always check the EULA for yourself in the meantime if you can find it on the CD
of course.

> You are probably correct in terms of the semantics of "sell this data"
> however my intention when I used it was to mean "sell a CD with images
> licensed for domestic, social and pleasure purposes and not for
> commercial use" (back of the box). It was my understanding that basic
> copyright concepts would be understood by other readers of the message.
> I anticipated that users of a linux developers mailing list would
> already be familiar with some of these issues and that a reasonably
> informal use of language is normal in these discussions.

I've always been very impressed at how seriously the flightgear community takes
these issues, and the particular care that is taken in ensuring that anything
included in the distribution is properly licensed.

By the way, I wasn't aware that this was a linux development list (I thought it
was cross-platform), but in any case, I don't think it's helpful to assume a
holier-than-thou stance on behalf of any group, linux or otherwise.  The issues
affect everyone, and there will be pockets of ignorance and knowledge in any
group. Your choice of words could reinforce misconceptions for some people, even
if this wasn't your intention.

> Publicly available was not a reference to GetMapping images at all. In
> fact it was a reference to other possible sources. Flightgear is an
> international community, most of whom I imagine have a lesser interest
> in UK scenery, but might also want to view photo scenery in Flightgear.
> An example of use of the phrase publicly available can be found here:
> http://news.bbc.co.uk/1/hi/uk/3399809.stm which to be clear I am not
> assuming is copyright free etc etc.

Your example is interesting: The copyright statement on the image web site says
that use of the images is restricted to "a non-commercial purpose of private
reference, research or study", which would appear to rule out using it in
FlightGear (without entering into a separate agreement with them for this
purpose of course). You've possibly chosen a bad example, but from the point of
view of illustrating what I was saying, it's quite a good example as it shows
that even the BBC can put out misleading statements about copyright (or at least
statements that can be misinterpreted by those not fully understanding the
issues).

> "There seems to be a widespread misbelief that
> anything available on the internet is fair game"
>
> I have had a quick look through recent postings on all the
> Flight/Terragear mailing lists and cannot find any reference to interest
> in the distribution of copyrighted material, scenery or otherwise.
> Nevertheless thank-you for the reminder. I am however slightly concerned
> that someone reading your email might think that there has been
> discussion of this, something you should perhaps make clear.

By widespread, I meant exactly that, widespread - not specifically related to
the flightgear lists.  I'm quite happy to clarify that I certainly wasn't
targetting my comments specifically at flightgear developers. As I've already
said, I'm very impressed by how seriously the flightgear community takes these
issues.

However there have been a few comments recently which have at least merited
clarification.  You can search back on my own contributions to this thread to
see the sort of thing I mean.

> I hope the above has answered your concerns and would be keen to know
> what others think on this.

Maybe my own approach is over-cautious, but the very first thing I did when
contemplating using the Getmapping data for MSFS was to contact them for
permission to prepare a test area using the data on their web site. I don't
think it does any harm at all to seek permission at very outset then there's no
possibilities of misunderstandings arising later on, or of development work
continuing on a false premise.

Mally



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