----- Original Message ----- From: "Sebastian Klein" <basti...@googlemail.com>
To: <legal-talk@openstreetmap.org>
Sent: Wednesday, December 01, 2010 9:54 AM
Subject: Re: [OSM-legal-talk] some interesting points from the bing license



Mike Dupont wrote:
I have highlighted and commented on points from the bing Tou for discussion
http://osmopenlayers.blogspot.com/2010/11/interesting-points-from-bing-bind.html
thanks,
mike

We have a ToU agreement specially designed for osm (Bing Maps Imagery Service Editor Application API's Terms of Use [1]) so do we even need to consider the general terms of use?

They are both somewhat similar, though.


The Bing Maps Imagerty [sic] Service Editor Application API's terms of use
[1]  seem to imply we might be able to use Bing aerial imagery in OSM

However section 6 of those terms state that the Microsoft Bing Maps and
MapPoint Web Service End User Terms of Use and Embedded Maps  Service Terms
of Use [2] also apply .

Under "Scope of Permitted Use" in the document [2] it states "You may not
..... create derivative works from, ..... products or services obtained from
Bing Maps and MapPoint Web Service without the prior written consent from
Microsoft."

Whereabouts is the "prior written consent from Microsoft" which would enable
us to trace and thus create derivative works?

David

[1]  http://opengeodata.org/microsoft-imagery-details
[2] http://www.microsoft.com/maps/assets/docs/terms.aspx





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