On Fri, Dec 3, 2010 at 4:32 PM, Andrew Harvey <andrew.harv...@gmail.com> wrote:
>
> Am I the only one that sees a problem with the legal foundation of
> tracing from Bing imagery? Take a look at how NearMap.com make their
> imagery available for tracing. On their website along with the their
> license of how their imagery can be used, they include a clause that
> allows derivative information to be licensed under {such and such}
> license.
>
> If Microsoft have the authority to sublicense the Bing aerial imagery,
> then what they should do is add a clause to their existing
> license/terms of use that says something along the lines of, we
> declare that anyone who derives information from the Bing imagery owns
> the copyright (or whatever other rights are needed for one to be free
> to user, modify... the information).
>
> I am yet to see a license.
> http://www.bing.com/community/site_blogs/b/maps/archive/2010/12/01/bing-maps-aerial-imagery-in-openstreetmap.aspx
> is not a license, its just a quote from some guy named SteveC, which
> doesn't actually say anything about derivative works and the copyright
> of such works.
>
> The only legal terms I could find were at
> http://www.microsoft.com/maps/product/terms.html but I couldn't find
> anything which would allow derived information to be CC BY-SA 2.0
> licensed.


Then you must have the same objection to tracing from Yahoo's imagery.
Unlike Bing, there is no specific agreement between Yahoo and OSM.
Yahoo only agreed that the act of tracing from the satellite imagery
that they host and putting the traced data under any license (and not
specifically CC-BY-SA 2.0) does not violate Yahoo Maps' terms of
service, which contains similar language to Bing's terms of use. Yet
here we are tracing from Yahoo for years already.

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