On Mon, Jul 11, 2011 at 8:10 PM, Grant Slater <openstreet...@firefishy.com> 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 _______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org http://lists.openstreetmap.org/listinfo/legal-talk