For the record
1) I accept that the Microsoft Licence[1] to use Bing imagery is an early
version, and we have been told it will be revised
2) I suspect that Microsoft do intend that Bing imagery may be used to
update OSM
However:
----- Original Message -----
From: "Rob Myers" <r...@robmyers.org>
To: <legal-talk@openstreetmap.org>
Sent: Sunday, December 19, 2010 11:39 AM
Subject: Re: [OSM-legal-talk] Someone already had a look at the Bing Terms
of Use?
On 19/12/10 10:30, Andrew Harvey wrote:
Where is this direct statement from Microsoft that says derived
information from aerial imagery delivered through their map api can be
licensed under a CT compatible license?
Microsoft have directly stated that Bing imagery may be used to update
OSM.
The licence PDF states:
"Any updates you make to the OpenStreetMap map via the
Application (even if not published to third parties) must be contributed
back to openstreetmaps.org."
Which is NOT the same as stating "Microsoft have directly stated that Bing
imagery may be used to update OSM".
Indeed, had Microsoft have directly stated that Bing imagery may be used to
update OSM, then I suspect you would have pointed to a paragraph which
backed up that assertion.
As I've written before[2] the only direct mention Microsoft have made of
derived data made from tracing Bing Imagery is their statement that it isn't
allowed [3].
However, as I stated at the state of this message I suspect that Microsoft
intend that Bing imagery may be used to update OSM, I also suspect that they
intended the wording of the licence [1] to make it clear. On that
(admittedly probably unsound from a legal point of view), basis I have been
tracing from Bing.
David
Agreeing to the CTs is a condition of doing so.
- Rob.
[1] http://wiki.openstreetmap.org/w/images/d/d8/Bing_license.pdf
[2]
http://lists.openstreetmap.org/pipermail/legal-talk/2010-December/005305.html
[3] http://www.microsoft.com/maps/assets/docs/terms.aspx
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