"Anthony" <[email protected]> wrote
None of that even shows that German courts use the term "derivative
work", let alone define tracings of aerial photographs to be under the
definition of that term.
It's extremly unlikely that a German court would use English :-).
But in the specific case they did considered the derived work, the German
equivalent of a "derived work". In the absence of specific case law,
naturally
nobody will make any definite statement (just as I believe the discussion
here
http://wiki.openstreetmap.org/wiki/Copyright_in_deriving_from_aerial_photography
doesn't), but you can compare similar cases.
PS: and the relevance is that very likely the majority of bing tracing
right
now is going on in -Germany-
And that matters why, exactly?
Because:
If you go back to the statement that I was responding to, you'll see
that it said that the Microsoft license "makes no grants of rights to
publish derived works".
Does MS even have the rights to grant such a license in Germany?
Simon
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