----- Original Message -----
From: "Rob Myers" <r...@robmyers.org>
To: <legal-talk@openstreetmap.org>
Sent: Sunday, December 19, 2010 4:34 PM
Subject: Re: [OSM-legal-talk] Someone already had a look at the Bing Terms
of Use?
On 12/19/2010 02:40 PM, David Groom wrote:
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
Sure.
And I accept that it would be bad if the wording of anything interfered
with that intent.
However:
----- Original Message ----- From: "Rob Myers" <r...@robmyers.org>
"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".
[Nicking Grant's link]
http://www.bing.com/community/site_blogs/b/maps/archive/2010/12/01/bing-maps-aerial-imagery-in-openstreetmap.aspx
"Microsoft is pleased to announce the royalty-free use of the Bing Maps
Imagery Editor API, allowing the Open Street Map community to use Bing
Maps imagery via the API as a backdrop to your OSM map editors."
The "OSM community" can use Bing maps imagery in OSM map editors, and that
data "must be contributed back to" OSM.
I agree that Microsoft have not made a statement using the form of words
that you are seeking. If this is causing uncertainty that is bad, and my
experience is that redundant statements in licences can save a lot of
argument.
What I am saying is that their various press releases and blogs made by
their employees show an intent that tracing from imagery should be allowed,
but that this is not yet backed up by the wording of the first draft of the
licence.
As I'm not a lawyer I don't know what legal standing press releases and
blogs have.
David
But also I agree with Frederik that the current statements are good enough
to be going on with. They contain permission to use the imagery, and
*require* that the results be contributed to OSM.
- Rob.
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