On Wed, Dec 22, 2010 at 12:56 AM, Frederik Ramm <[email protected]> wrote: > Hi, > > On 12/21/10 11:51, Andrew Harvey wrote: >> >> I am having this conversation because I contribute to OSM on the basis >> that the database will be licensed CC BY-SA and will not be filled >> with data which conflicts with that license. If tracings from Bing >> imagery cannot be distributed under this license, then the OSM >> community should be made aware of this, so we can treat such edits as >> vandalism. If tracings from Bing can be distributed under a CC BY-SA >> license then again the OSM community should be made aware of this so >> we can use this as a mapping source. > > I.e. you are not happy with applying your (rather skewed IMHO) > interpretation of legal matters to your own work, but you would prefer to > force it on everyone else in the project, stopping them from using Bing > until the available documentation matches your personal interpretation, is > that right?
Sorry I don't understand. > Have you applied the same rigor to other data sources that were widely > believed to be usable, e.g. Yahoo? I think I've only used Yahoo once or twice. This was before I looked into the legal foundations. Since this, I couldn't find a license from Yahoo, so I determined that I should not use Yahoo as I'm not An observation. It seems we have two camps. One like Yahoo and Microsoft who allegedly say tracing from imagery they serve and uploading it to OSM is not against their terms of service, and make no mention of any copyright rights of such works. And another camp like Nearmap, Landsat, etc. who don't mention anything in their terms of service, but instead grant the imagery under a license that allows derivative works to be released under some other CC-BY-SA compatible license. My only concern is that for the first case, even though its not against their terms of service, we still may not have the permissions from people who are able to grant us a copyright license to use such data. I see these two things as independent of one another, and I thought that we need both to be checked before we can use a service for deriving information. Of course its a real mess because as this is an international project, some countries may say that tracing does not create a derivative work so the tracer can use any license (or none) that they wish, others may say that tracing does create a derivative work so you need a license from the copyright holder to distribute any traced data. I don't know, this is just how I'm seeing it from all the evidence I've seen. _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk
