On Sat, Apr 30, 2011 at 8:09 PM, Nick Hocking <nick.hock...@gmail.com> wrote:
> PS - tomorrow I will find out all the ways in Canberra  that I had to fix
>  using nearmap, and replace them using compliant Bing imagery"

Last time I checked the licences, NearMap says that information
derived from their images may (and may only) be released under
CC-BY-SA; Bing on the other hand only say that we can view their
imagery in an OSM editor. They do not explicitly disclaim any
copyright on derived works (like tracing). Sure they say " 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."* but this says nothing about deriving information
from the actual imagery, merely a user making regular submissions to
OSM. Now Microsoft may think that tracing isn't a derived work and as
such you can trace copyrighted imagery without a license, but unless
they actually state this, and have the rights to the imagery, I don't
think we should allow any Bing tracing in OSM.

*btw, this isn't in their
http://www.microsoft.com/maps/product/terms.html only in this special
unverified http://wiki.openstreetmap.org/wiki/File:Bing_license.pdf

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