[OSM-legal-talk] Imagery license clarification needed

2013-08-25 Thread Stephan Knauss

Hello,

I need some help in understanding a license for using imagery.

Is a license called NextView compatible with OSM contributor terms 
(and ODbL)?


My understanding of Literal Imagery Derived Products is that this is 
the vector data we create by tracing from imagery. I'm a bit uncertain 
about the exact meaning. I'm no native speaker and have problems 
translating the word literal in combination with Imagery.


The license text says:
“This data is licensed for use by the US Government (USG) under the 
NextView (NV) license and copyrighted by Digital Globe or GeoEye. The NV 
license allows the USG to share the imagery and Literal Imagery Derived 
Products (LIDP) with entities outside the USG when that entity is 
working directly with the USG, for the USG, or in a manner that is 
directly beneficial to the USG. The party receiving the data can only 
use the imagery or LIDP for the original purpose or only as otherwise 
agreed to by the USG. The party receiving the data cannot share the 
imagery or LIDP with a third party without express permission from the 
USG. At no time should this imagery or LIDP be used for other than 
USG-related purposes and must not be used for commercial gain. The 
copyright information should be maintained at all times. Your acceptance 
of these license terms is implied by your use.”


Later it's suggested:
In other words, you may only use NextView imagery linked from this site 
for digitizing OpenStreetMap data for humanitarian purposes.


I worry:
OSM data can be used for any purpose, including commercial ones. The 
license above explicitly forbids commercial gain: At no time should 
this imagery or LIDP be used for other than USG-related purposes and 
must not be used for commercial gain.


Will it harm OSM if we have larger scale data from this source included 
in the database?



Stephan


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Re: [OSM-legal-talk] Imagery license clarification needed

2013-08-25 Thread Martin Koppenhoefer
2013/8/25 Stephan Knauss o...@stephans-server.de

 The license text says:
 “ The party receiving the data cannot share the imagery or LIDP with a
 third party without express permission from the USG. At no time should this
 imagery or LIDP be used for other than USG-related purposes and must not be
 used for commercial gain. The copyright information should be maintained at
 all times. Your acceptance of these license terms is implied by your use.”

 Later it's suggested:
 In other words, you may only use NextView imagery linked from this site
 for digitizing OpenStreetMap data for humanitarian purposes.



doesn't look as if data from this source can be in the same database as OSM
data and be published (not compatible with ODbL) .

cheers,
Martin
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Re: [OSM-legal-talk] Imagery license clarification needed

2013-08-25 Thread Paul Norman
 From: Stephan Knauss [mailto:o...@stephans-server.de]
 Sent: Sunday, August 25, 2013 11:33 AM
 To: legal-talk@openstreetmap.org
 Subject: [OSM-legal-talk] Imagery license clarification needed
 
 Hello,
 
 I need some help in understanding a license for using imagery.
 
 Is a license called NextView compatible with OSM contributor terms
 (and ODbL)?
 
 My understanding of Literal Imagery Derived Products is that this is
 the vector data we create by tracing from imagery. I'm a bit uncertain
 about the exact meaning. I'm no native speaker and have problems
 translating the word literal in combination with Imagery.
 
 ...
 
 I worry:
 OSM data can be used for any purpose, including commercial ones. The
 license above explicitly forbids commercial gain: At no time should
 this imagery or LIDP be used for other than USG-related purposes and
 must not be used for commercial gain.
 
 Will it harm OSM if we have larger scale data from this source included
 in the database?

Without a link to the full license it's impossible to interpret, but if a
LIDP was something like a reprojection or other transform of the imagery, 
it would not necessarily be an issue.

Can you provide the full license so that we can see what the classify 
tracings as?

All that's clear from your extract is that you couldn't charge someone to 
view the imagery. That doesn't imply anything for the data you create from
it. 
You probably couldn't get paid to trace from it either, but I'm not 100%
sure of that.


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