Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-22 Thread Niklas Cholmkvist
Anthony wrote:
  On Tue, Dec 21, 2010 at 10:48 AM, Frederik Ramm
 frede...@remote.org wrote:
  This rule means that everything that is traced from Bing before OSM
 stops
  publishing under CC-BY-SA will be available to the world, forever,
 under
  CC-BY-SA. But a hypothetical CC-BY-SA fork would not be allowed to
 accept
  newly traced data after the license change.
  
  I certainly didn't read it that way.  The Bing license says you must
  contribute traced data to openstreetmaps.org, but it doesn't say you
  can't also contribute traced data to a fork.
After it has been contributed to openstreetmap.org, one can get it from 
openstreetmap.org(dump maybe) under it's then license. (is my interpretation)
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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-22 Thread Anthony
  I certainly didn't read it that way.  The Bing license says you must
  contribute traced data to openstreetmaps.org, but it doesn't say you
  can't also contribute traced data to a fork.
 After it has been contributed to openstreetmap.org, one can get it from 
 openstreetmap.org(dump maybe) under it's then license. (is my interpretation)

So I need permission from OSM to redistribute my own contributions?

This interpretation (or at least, the acceptance of it as something
OSM would want to do) is truly evil.  I only wonder how widespread it
is among OSM contributors.  I hope in good faith that it is held by
very few.

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-22 Thread John Smith
On 23 December 2010 00:42, Anthony o...@inbox.org wrote:
 This interpretation (or at least, the acceptance of it as something
 OSM would want to do) is truly evil.  I only wonder how widespread it
 is among OSM contributors.  I hope in good faith that it is held by
 very few.

After turning the vote of OSM-F members from being one of agreeing to
a process to making it look like one of agreeing to change the option
of doing evil seems to be the status quo these days...

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-22 Thread andrzej zaborowski
On 22 December 2010 15:18, Niklas Cholmkvist towards...@gmail.com wrote:
 Anthony wrote:
  On Tue, Dec 21, 2010 at 10:48 AM, Frederik Ramm
 frede...@remote.org wrote:
  This rule means that everything that is traced from Bing before OSM
 stops
  publishing under CC-BY-SA will be available to the world, forever,
 under
  CC-BY-SA. But a hypothetical CC-BY-SA fork would not be allowed to
 accept
  newly traced data after the license change.
 
  I certainly didn't read it that way.  The Bing license says you must
  contribute traced data to openstreetmaps.org, but it doesn't say you
  can't also contribute traced data to a fork.
 After it has been contributed to openstreetmap.org, one can get it from 
 openstreetmap.org(dump maybe) under it's then license. (is my interpretation)
 --

Well, sure, but the more interesting question is can it be distributed
under other licenses outside of OSM, provided that it is contributed
to OSM as well.  By my reading of the license, yes, it can, and it's
cool of Microsoft to decide it this way.  But I may be misinterpreting
the license (or the license is vague) as this has happened to me
before.

Cheers

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-19 Thread Frederik Ramm

Dave,

Dave F. wrote:
I'm just catching up with this thread  can't believe what I've just 
read. You bleat  whinge


... thanks ...

about people talking legal in other threads  
yet here, in legal, you admit that your advice to others that's it's OK 
to trace Bing (under any license) has no foundation other than a guess  
a feeling.


We have a direct statement from Microsoft saying it's ok to trace. If 
that's no foundation other tahn a guess  a feeling for you then 
you're free to refrain from using Bing imagery - however I think that's 
bad judgement on your part.


I'm looking for concrete evidence  it would be better if you kept quiet 
until you had some


Absolutely not. I have written that what we have is enough FOR ME to 
start tracing, and that's what it is (in fact, I have already traced a 
number of buildings and roads and am continuing to do so). If it's not 
enough FOR YOU, then you're free to do other things.


However, as others have pointed out, what we have from Bing now is 
already *much* more that we ever had from Yahoo in terms of written 
permission - and I cannot remember you being equally over-cautious about 
Yahoo. Why?


Bye
Frederik

--
Frederik Ramm  ##  eMail frede...@remote.org  ##  N49°00'09 E008°23'33

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-19 Thread 80n
On Sun, Dec 19, 2010 at 11:39 AM, Rob Myers r...@robmyers.org wrote:

 On 19/12/10 10:30, Andrew Harvey wrote:


 Where is this direct statement from Microsoft that says derived
 information from aerial imagery delivered through their map api can be
 licensed under a CT compatible license?


 Microsoft have directly stated that Bing imagery may be used to update OSM.

 The licence PDF states:

 Any updates you make to the OpenStreetMap map via the
 Application (even if not published to third parties) must be contributed
 back to openstreetmaps.org.


openstreetmaps.org [sic]
It's absolutely clear that if they don't even know the proper domain name
for OpenStreetMap and didn't even spell check the document (Imagerty) that
they have taken little care over this.

I've not seen this license published on a Microsoft/Bing owned web-site so
any cautious person would be prudent to doubt even the authenticity of this
text.

Personally I'm sure it's a genuine attempt by Bing to license something to
OSM.  I think they are trying to license the right for some applications to
access their imagery api, with the additional constraints that any resulting
edits are contributed to OSM.

The agreement makes no observation or comment about the licenses involved
(CC, ODbL, CT, DbCL) and would have to be considered a separate matter.  In
other words, this license makes no grants of rights to publish derived works
under any particular license, over and above what was already there.  If we
couldn't do it before, we can't do it now, but that also implies that if we
can do it now we were also allowed to do it before, although we may not have
had the right to use their API and/or an application to do that.




 Agreeing to the CTs is a condition of doing so.

 - Rob.


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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-19 Thread David Groom

For the record

1) I accept that the Microsoft Licence[1] to use Bing imagery is an early 
version, and we have been told it will be revised
2) I suspect that Microsoft do intend that Bing imagery may be used to 
update OSM


However:

- Original Message - 
From: Rob Myers r...@robmyers.org

To: legal-talk@openstreetmap.org
Sent: Sunday, December 19, 2010 11:39 AM
Subject: Re: [OSM-legal-talk] Someone already had a look at the Bing Terms 
of Use?





On 19/12/10 10:30, Andrew Harvey wrote:


Where is this direct statement from Microsoft that says derived
information from aerial imagery delivered through their map api can be
licensed under a CT compatible license?


Microsoft have directly stated that Bing imagery may be used to update 
OSM.


The licence PDF states:

Any updates you make to the OpenStreetMap map via the
Application (even if not published to third parties) must be contributed 
back to openstreetmaps.org.




Which is NOT the same as stating Microsoft have directly stated that Bing 
imagery may be used to update OSM.


Indeed, had Microsoft have directly stated that Bing imagery may be used to 
update OSM, then I suspect you would have pointed to a paragraph which 
backed up that assertion.


As I've written before[2] the only direct mention Microsoft have made of 
derived data made from tracing Bing Imagery is their statement that it isn't 
allowed [3].


However, as I stated at  the state of this message I suspect that Microsoft 
intend that Bing imagery may be used to update OSM, I also suspect that they 
intended the wording of the licence [1] to make it clear. On that 
(admittedly probably unsound from a legal point of view), basis I have been 
tracing from Bing.


David



Agreeing to the CTs is a condition of doing so.

- Rob.




[1] http://wiki.openstreetmap.org/w/images/d/d8/Bing_license.pdf
[2] 
http://lists.openstreetmap.org/pipermail/legal-talk/2010-December/005305.html
[3] http://www.microsoft.com/maps/assets/docs/terms.aspx 






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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-19 Thread 80n
On Sun, Dec 19, 2010 at 3:29 PM, Grant Slater
openstreet...@firefishy.comwrote:

 On 19 December 2010 14:40, David Groom revi...@pacific-rim.net wrote:
 
  The licence PDF states:
 
  Any updates you make to the OpenStreetMap map via the
  Application (even if not published to third parties) must be contributed
  back to openstreetmaps.org.
 
 
  Which is NOT the same as stating Microsoft have directly stated that
 Bing
  imagery may be used to update OSM.
 
  Indeed, had Microsoft have directly stated that Bing imagery may be used
 to
  update OSM, then I suspect you would have pointed to a paragraph which
  backed up that assertion.
 
  As I've written before[2] the only direct mention Microsoft have made of
  derived data made from tracing Bing Imagery is their statement that it
 isn't
  allowed [3].
 

 Have you read? Microsoft mention a whole lot more than what link to

 http://www.bing.com/community/site_blogs/b/maps/archive/2010/12/01/bing-maps-aerial-imagery-in-openstreetmap.aspx
 Try the google cache version: http://bit.ly/eUjkKS

 What you link to in [3] is Bing's standard terms for everyone else...
 Not what applies for OSM.


Like I said, what applies for OSM only refers to the use of some
applications.  It make no grant of rights to derive works from their
imagery.  Without an explict override I'd expect Microsoft to have a very
good case if they wanted to.  But as David and I both said, we  believe that
it is their intent to allow.

I've seem some crappy license agreements in my time so nothing unusual about
this one.

80n
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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-19 Thread Anthony
On Sun, Dec 19, 2010 at 8:32 AM, 80n 80n...@gmail.com wrote:
 In  other words, this license makes no grants of rights to publish derived 
 works
 under any particular license, over and above what was already there.

That's probably a combination of the fact that Microsoft doesn't own
that right in the first place and the fact that tracing a map doesn't
create a derived work.

 If we  couldn't do it before, we can't do it now, but that also implies that 
 if we
 can do it now we were also allowed to do it before, although we may not have
 had the right to use their API and/or an application to do that.

Not quite true.  Before it may have been a violation of the TOS.  Now
it quite clearly isn't.

Nothing to do with copyright law, but as was said, better than what
OSM has with Yahoo, which is basically the same thing without any of
it being in writing.

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-19 Thread David Groom



- Original Message - 
From: Rob Myers r...@robmyers.org

To: legal-talk@openstreetmap.org
Sent: Sunday, December 19, 2010 4:34 PM
Subject: Re: [OSM-legal-talk] Someone already had a look at the Bing Terms 
of Use?





On 12/19/2010 02:40 PM, David Groom wrote:

For the record

1) I accept that the Microsoft Licence[1] to use Bing imagery is an
early version, and we have been told it will be revised
2) I suspect that Microsoft do intend that Bing imagery may be used to
update OSM


Sure.

And I accept that it would be bad if the wording of anything interfered 
with that intent.



However:

- Original Message - From: Rob Myers r...@robmyers.org


Any updates you make to the OpenStreetMap map via the
Application (even if not published to third parties) must be
contributed back to openstreetmaps.org.


Which is NOT the same as stating Microsoft have directly stated that
Bing imagery may be used to update OSM.


[Nicking Grant's link]

http://www.bing.com/community/site_blogs/b/maps/archive/2010/12/01/bing-maps-aerial-imagery-in-openstreetmap.aspx

Microsoft is pleased to announce the royalty-free use of the Bing Maps 
Imagery Editor API, allowing the Open Street Map community to use Bing 
Maps imagery via the API as a backdrop to your OSM map editors.


The OSM community can use Bing maps imagery in OSM map editors, and that 
data must be contributed back to OSM.


I agree that Microsoft have not made a statement using the form of words 
that you are seeking. If this is causing uncertainty that is bad, and my 
experience is that redundant statements in licences can save a lot of 
argument.




What I am saying is that their various press releases and blogs made by 
their employees show an intent that tracing from imagery should be allowed, 
but that this is not yet backed up by the wording of the first draft of the 
licence.


As I'm not a lawyer I don't know what legal standing press releases and 
blogs have.


David

But also I agree with Frederik that the current statements are good enough 
to be going on with. They contain permission to use the imagery, and 
*require* that the results be contributed to OSM.


- Rob.

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-19 Thread Russ Nelson
Dave F. writes:
  On 06/12/2010 09:55, Frederik Ramm wrote:
  
   The situation is sufficient for me to use Bing imagery for tracing. 
   I'm not looking at the legal side of it, I'm just looking at the size 
   of the PR disaster should Microsoft attempt to backtrack in any way.
  
   PR is more important than legal.
  
  I'm just catching up with this thread  can't believe what I've just 
  read. You bleat  whinge about people talking legal in other threads  
  yet here, in legal, you admit that your advice to others that's it's OK 
  to trace Bing (under any license) has no foundation other than a guess  
  a feeling.
  
  I'm looking for concrete evidence  it would be better if you kept quiet 
  until you had some

The USA has a legal principle that says If Alice says ``Y'all have
permission to do this'', Bill goes ahead and does it, then Alice has
no recourse other than to withdraw permission.  Specifically for
licenses, it's called Reliance.  And if Alice has said Y'all can do
this forever, guess what? She has given up her ability to withdraw
permission. 

So, by Reliance, Microsoft *could* tell us to stop, but they can't
retroactively withdraw the permission they gave us in the past.  Since
Microsoft is a United States company, they need to abide by U.S. law.
The real question here is: whether Microsoft believes that a posting
on the official Bing blog is usable in court.

-- 
--my blog is athttp://blog.russnelson.com
Crynwr supports open source software
521 Pleasant Valley Rd. | +1 315-600-8815
Potsdam, NY 13676-3213  | Sheepdog   

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-18 Thread Dave F.

On 06/12/2010 09:55, Frederik Ramm wrote:


The situation is sufficient for me to use Bing imagery for tracing. 
I'm not looking at the legal side of it, I'm just looking at the size 
of the PR disaster should Microsoft attempt to backtrack in any way.


PR is more important than legal.


I'm just catching up with this thread  can't believe what I've just 
read. You bleat  whinge about people talking legal in other threads  
yet here, in legal, you admit that your advice to others that's it's OK 
to trace Bing (under any license) has no foundation other than a guess  
a feeling.


I'm looking for concrete evidence  it would be better if you kept quiet 
until you had some


Seriously, the more you post, the more I distrust you.

Frederick:

OSM making it up as you go along is that way 

Dave F.




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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Andrew Harvey
I feel that it is not safe at this point. I have raised my concerns in
this thread 
http://lists.openstreetmap.org/pipermail/legal-talk/2010-December/005299.html

On Sun, Dec 5, 2010 at 9:16 PM, Manuel Reimer
manuel.s...@nurfuerspam.de wrote:
 Hello,

 is it secure to use Bing? Any license risks? Could Microsoft, at some day,
 just force us to remove everything with source=Bing on it? Am I forced to
 have this source tag there? Should stuff, taken from Bing, be verified via
 GPS track at some time to get the data secure?

 One risk, which definetly exists, is that Microsoft rejects their offer at
 some time, so if there is no risk in using the data, I would start to use it
 to complete several things in my area (buildings, landuse, ) as long as
 the data is still available for OSM.

 Yours

 Manuel


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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Frederik Ramm

Andrew, Manuel -

On 12/06/2010 10:28 AM, Andrew Harvey wrote:

I feel that it is not safe at this point. I have raised my concerns in
this thread 
http://lists.openstreetmap.org/pipermail/legal-talk/2010-December/005299.html


The situation is sufficient for me to use Bing imagery for tracing. I'm 
not looking at the legal side of it, I'm just looking at the size of the 
PR disaster should Microsoft attempt to backtrack in any way.


PR is more important than legal. As most people on this list know, with 
CC-BY-SA being next to invalid for Geodata in the US, any of the big US 
players could long have taken our data an run. Why haven't they? Because 
they fear a PR disaster.


But luckily this is something that everyone can decide for themselves - 
if you're happy with the situation, start tracing; if you're not, then 
don't. There's enough mapping to be done without reliance to Bing images.


Bye
Frederik


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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Rob Myers

On 12/06/2010 10:18 AM, Andrew Harvey wrote:


I suppose I don't mind if a license is technically invalid because of
some obscure legal reason, I just think that the intent needs to be
there, publicly, officially, and clearly stated on what they are okay
with and what they aren't. I don't think the Bing people have clearly
stated what they consider acceptable and what they don't.


You can use the Bing map tiles in OSM editors and contribute the results 
to OSM:


Microsoft is pleased to announce the royalty-free use of the Bing Maps 
Imagery Editor API, allowing the Open Street Map community to use Bing 
Maps imagery via the API as a backdrop to your OSM map editors.



Another potential problem I see with Bing is, as far as I could tell,
this grant is only for OpenStreetMap. Does their permission extend to
other people who then use the OSM database? I feel this needs to be
made clear.


Once it's in the OSM DB, it's under OSM's control thanks to the CTs, so 
there are no downstream issues caused by the data coming from Bing.


- Rob.

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Andrew Harvey
On Mon, Dec 6, 2010 at 8:55 PM, Frederik Ramm frede...@remote.org wrote:
 The situation is sufficient for me to use Bing imagery for tracing. I'm not
 looking at the legal side of it, I'm just looking at the size of the PR
 disaster should Microsoft attempt to backtrack in any way.

 PR is more important than legal. As most people on this list know, with
 CC-BY-SA being next to invalid for Geodata in the US, any of the big US
 players could long have taken our data an run. Why haven't they? Because
 they fear a PR disaster.

I suppose I don't mind if a license is technically invalid because of
some obscure legal reason, I just think that the intent needs to be
there, publicly, officially, and clearly stated on what they are okay
with and what they aren't. I don't think the Bing people have clearly
stated what they consider acceptable and what they don't.

Another potential problem I see with Bing is, as far as I could tell,
this grant is only for OpenStreetMap. Does their permission extend to
other people who then use the OSM database? I feel this needs to be
made clear.


 But luckily this is something that everyone can decide for themselves - if
 you're happy with the situation, start tracing; if you're not, then don't.
 There's enough mapping to be done without reliance to Bing images.


Yes, though its a little more complicated than that. What if there is
data from GPS, data from NearMap and data from Bing. There is enough
diversity to find people who think one data source is superior with
the other and shouldn't be replace with the other. How do we decide
who's data is the best? I face this every day when I have to decide
whether to replace someones GPS survey data with NearMap derived
information. On one hand NearMap is a perfectly legitimate data source
and is in most cases probably more accurate that a consumer GPS. On
the other hand someone who likes the contributor terms may think that
their GPS data is superior and shouldn't be replaced with more
accurate NearMap derived information because the NearMap information
is incompatible with the contributors terms.

If we go along with everyone make up their own mind, clashes will erupt.

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Steve Bennett
On Mon, Dec 6, 2010 at 9:18 PM, Andrew Harvey andrew.harv...@gmail.com wrote:
 with and what they aren't. I don't think the Bing people have clearly
 stated what they consider acceptable and what they don't.

It would be a very strange world if Steve Coast announced that OSM
could use Bing maps, and he meant something other than trace streets
and other objects from them, and license that data as CC-BY-SA.

Steve

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Richard Weait
On Mon, Dec 6, 2010 at 6:55 AM, Steve Bennett stevag...@gmail.com wrote:
 On Mon, Dec 6, 2010 at 9:18 PM, Andrew Harvey andrew.harv...@gmail.com 
 wrote:
 with and what they aren't. I don't think the Bing people have clearly
 stated what they consider acceptable and what they don't.

 It would be a very strange world if Steve Coast announced that OSM
 could use Bing maps, and he meant something other than trace streets
 and other objects from them, and license that data as CC-BY-SA.

... and CT/ODbL in future

Fixed that for you.

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-06 Thread Anthony
On Mon, Dec 6, 2010 at 4:55 AM, Frederik Ramm frede...@remote.org wrote:
 PR is more important than legal. As most people on this list know, with
 CC-BY-SA being next to invalid for Geodata in the US, any of the big US
 players could long have taken our data an run. Why haven't they?

Because they also distribute the data outside the US?  Because next
to invalid isn't the same as invalid?  Because if a license is
invalid, then everything falls back to all rights reserved?  Because
they'd have to simultaneously take the position that their data is
protected but ours isn't?

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-05 Thread Renaud MICHEL
Le dimanche 05 décembre 2010 à 11:16, Manuel Reimer a écrit :
 is it secure to use Bing? Any license risks? Could Microsoft, at some
 day, just  force us to remove everything with source=Bing on it? Am I
 forced to have this source tag there? Should stuff, taken from Bing,
 be verified via GPS track at some time to get the data secure?

I also would like to know if this is fine, and I add another question:

Is it OK to use bing imagery when you have accepted the contributors term, 
as I have explicitly accepted them (version 1.0), and every mapper who 
registered after March 2010 (correct?) are also contributing under CT 1.0?

-- 
Renaud Michel

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-05 Thread Mike Dupont
On Sun, Dec 5, 2010 at 11:33 AM, Renaud MICHEL r.h.michel+...@gmail.com wrote:
 Is it OK to use bing imagery when you have accepted the contributors term,

How are they connected? please explain.
thanks,
mike

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-05 Thread Manuel Reimer

Renaud MICHEL wrote:

Is it OK to use bing imagery when you have accepted the contributors term,
as I have explicitly accepted them (version 1.0), and every mapper who
registered after March 2010 (correct?) are also contributing under CT 1.0?


I also did so and I *want* my contributions to get ODbL licensed, as I think 
it's the better license!


Yours

Manuel


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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-05 Thread Renaud MICHEL
Le dimanche 05 décembre 2010 à 11:49, Mike Dupont a écrit :
 On Sun, Dec 5, 2010 at 11:33 AM, Renaud MICHEL r.h.michel+...@gmail.com 
wrote:
  Is it OK to use bing imagery when you have accepted the contributors
  term,
 
 How are they connected? please explain.

Because of the terms of the CT, I don't know if tracing from bing allows me 
to to give to the OSMF all the rights that are required by CT.
And from all the discussions/trolls/rants there have been on this list and 
on talk on this subject I am even more confused.

-- 
Renaud Michel

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Re: [OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

2010-12-05 Thread Mike Dupont
On Sun, Dec 5, 2010 at 12:13 PM, Renaud MICHEL r.h.michel+...@gmail.com wrote:
 Le dimanche 05 décembre 2010 à 11:49, Mike Dupont a écrit :
 On Sun, Dec 5, 2010 at 11:33 AM, Renaud MICHEL r.h.michel+...@gmail.com
 wrote:
  Is it OK to use bing imagery when you have accepted the contributors
  term,

 How are they connected? please explain.

 Because of the terms of the CT, I don't know if tracing from bing allows me
 to to give to the OSMF all the rights that are required by CT.
 And from all the discussions/trolls/rants there have been on this list and
 on talk on this subject I am even more confused.

Ahh, good points, thanks for un-confusing me. :D
mike

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