Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Anthony
On Mon, Dec 6, 2010 at 4:55 AM, Frederik Ramm  wrote:
> PR is more important than legal. As most people on this list know, with
> CC-BY-SA being next to invalid for Geodata in the US, any of the big US
> players could long have taken our data an run. Why haven't they?

Because they also distribute the data outside the US?  Because "next
to invalid" isn't the same as invalid?  Because if a license is
invalid, then everything falls back to "all rights reserved"?  Because
they'd have to simultaneously take the position that their data is
protected but ours isn't?

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Richard Weait
On Mon, Dec 6, 2010 at 6:55 AM, Steve Bennett  wrote:
> On Mon, Dec 6, 2010 at 9:18 PM, Andrew Harvey  
> wrote:
>> with and what they aren't. I don't think the Bing people have clearly
>> stated what they consider acceptable and what they don't.
>
> It would be a very strange world if Steve Coast announced that OSM
> could use Bing maps, and he meant something other than "trace streets
> and other objects from them, and license that data as CC-BY-SA".

"... and CT/ODbL in future"

Fixed that for you.

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Steve Bennett
On Mon, Dec 6, 2010 at 9:18 PM, Andrew Harvey  wrote:
> with and what they aren't. I don't think the Bing people have clearly
> stated what they consider acceptable and what they don't.

It would be a very strange world if Steve Coast announced that OSM
could use Bing maps, and he meant something other than "trace streets
and other objects from them, and license that data as CC-BY-SA".

Steve

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Andrew Harvey
On Mon, Dec 6, 2010 at 8:55 PM, Frederik Ramm  wrote:
> The situation is sufficient for me to use Bing imagery for tracing. I'm not
> looking at the legal side of it, I'm just looking at the size of the PR
> disaster should Microsoft attempt to backtrack in any way.
>
> PR is more important than legal. As most people on this list know, with
> CC-BY-SA being next to invalid for Geodata in the US, any of the big US
> players could long have taken our data an run. Why haven't they? Because
> they fear a PR disaster.

I suppose I don't mind if a license is technically invalid because of
some obscure legal reason, I just think that the intent needs to be
there, publicly, officially, and clearly stated on what they are okay
with and what they aren't. I don't think the Bing people have clearly
stated what they consider acceptable and what they don't.

Another potential problem I see with Bing is, as far as I could tell,
this grant is only for OpenStreetMap. Does their permission extend to
other people who then use the OSM database? I feel this needs to be
made clear.

>
> But luckily this is something that everyone can decide for themselves - if
> you're happy with the situation, start tracing; if you're not, then don't.
> There's enough mapping to be done without reliance to Bing images.
>

Yes, though its a little more complicated than that. What if there is
data from GPS, data from NearMap and data from Bing. There is enough
diversity to find people who think one data source is superior with
the other and shouldn't be replace with the other. How do we decide
who's data is the best? I face this every day when I have to decide
whether to replace someones GPS survey data with NearMap derived
information. On one hand NearMap is a perfectly legitimate data source
and is in most cases probably more accurate that a consumer GPS. On
the other hand someone who likes the contributor terms may think that
their GPS data is superior and shouldn't be replaced with more
accurate NearMap derived information because the NearMap information
is incompatible with the contributors terms.

If we go along with everyone make up their own mind, clashes will erupt.

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