Re: [talk-au] [OSM-legal-talk] Bing
On 11 July 2011 10:55, Andrew Harvey andrew.harv...@gmail.com wrote: It is my understanding that Bing essentially said to OSM yes you can upload to OSM. We as a community can't verify this. http://www.microsoft.com/maps/product/terms.html mentions nothing, all we have is http://wiki.openstreetmap.org/wiki/File:Bing_license.pdf which we can't verify as authentic. The official Bing blog: http://www.bing.com/community/site_blogs/b/maps/archive/2010/12/01/bing-maps-aerial-imagery-in-openstreetmap.aspx published by Brian Hendricks - Bing Maps Product Manager But even if it is and can be proved to be authentic, unless Microsoft also state that OSM has permission to license traced data it out to others as CC-BY-SA, simply saying yes you can trace and upload to OSM isn't enough in my opinion. As this would be a license specific to OSM, and wouldn't allow others who use OSM data to use the bing data. The traced data is a new work and therefore untainted by the Bing license. (NearMap doesn't see using aerial imagery this way.) The license is also a specific terms of use grant to OSM with the condition the derived data is uploaded to OSM. Regards Grant ___ Talk-au mailing list Talk-au@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk-au
Re: [talk-au] [OSM-legal-talk] Bing
On Mon, Jul 11, 2011 at 8:10 PM, Grant Slater openstreet...@firefishy.com wrote: The official Bing blog: http://www.bing.com/community/site_blogs/b/maps/archive/2010/12/01/bing-maps-aerial-imagery-in-openstreetmap.aspx published by Brian Hendricks - Bing Maps Product Manager Oh, yes. That's right. I don't think it's perfect, but better than nothing. I think it could have been handled better at Microsoft's end though, i.e. directly posting the Terms PDF. But even if it is and can be proved to be authentic, unless Microsoft also state that OSM has permission to license traced data it out to others as CC-BY-SA, simply saying yes you can trace and upload to OSM isn't enough in my opinion. As this would be a license specific to OSM, and wouldn't allow others who use OSM data to use the bing data. The traced data is a new work and therefore untainted by the Bing license. (NearMap doesn't see using aerial imagery this way.) The license is also a specific terms of use grant to OSM with the condition the derived data is uploaded to OSM. I can see that the assumption of tracing aerial photography to create a vector representation of the data is creating an entirely new work is potentially problematic. I'm not a lawyer, but I would think that you would want the copyright holder to state that they disclaim any copyright on such traced data just to be sure. Just take a look at this case as an example http://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster#Origin_and_copyright_issues ___ Talk-au mailing list Talk-au@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk-au
Re: [talk-au] [OSM-legal-talk] Bing
On 11 July 2011 11:30, Andrew Harvey andrew.harv...@gmail.com wrote: On Mon, Jul 11, 2011 at 8:10 PM, Grant Slater openstreet...@firefishy.com wrote: The traced data is a new work and therefore untainted by the Bing license. (NearMap doesn't see using aerial imagery this way.) The license is also a specific terms of use grant to OSM with the condition the derived data is uploaded to OSM. I can see that the assumption of tracing aerial photography to create a vector representation of the data is creating an entirely new work is potentially problematic. I'm not a lawyer, but I would think that you would want the copyright holder to state that they disclaim any copyright on such traced data just to be sure. Just take a look at this case as an example http://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster#Origin_and_copyright_issues Richard Fairhurst wrote a good piece on the legals around aerial imagery in 2009 Aerial photography, cock fighting and vodka bottles - http://www.systemed.net/blog/legacy/100.html / Grant ___ Talk-au mailing list Talk-au@openstreetmap.org http://lists.openstreetmap.org/listinfo/talk-au
