Re: [talk-au] [OSM-legal-talk] Bing
On 11 July 2011 11:30, Andrew Harvey wrote: > On Mon, Jul 11, 2011 at 8:10 PM, Grant Slater > 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
Re: [talk-au] [OSM-legal-talk] Bing
On Mon, Jul 11, 2011 at 8:10 PM, Grant Slater 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 10:55, Andrew Harvey 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
