Because your statement is simply wrong in the generality you made it.
For example in Germany simple "Lichtbilder" (which would include areial
photographs) have the same protection as photographic works of art
("Lichtbildwerke") with the exception of the proctection term. And there is
at least one German higher court judgement in which tracing a non-artistic
photograph was considered copyright infringement
Simon
PS: and the relevance is that very likely the majority of bing tracing right
now is going on in -Germany-
----- Original Message -----
From: "Anthony" <[email protected]>
To: "Licensing and other legal discussions." <[email protected]>
Sent: Sunday, December 19, 2010 9:30 PM
Subject: Re: [OSM-legal-talk] Someone already had a look at the Bing
TermsofUse?
On Sun, Dec 19, 2010 at 3:13 PM, Simon Poole <[email protected]> wrote:
It may be true that tracing aerial images (what you probably wanted to
state) does not create a derived work in -some- jurisdictions, but
anything
else I wouldn't be so sure of.
If you have nothing to add, why respond?
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