Re: [OSM-legal-talk] Bing - Terms of Use

2010-12-02 Thread Chris Fleming

On 01/12/10 08:52, Richard Fairhurst wrote:

Andrew Harvey wrote:

Just to clarify is this
http://www.microsoft.com/maps/product/terms.html the document
which contains the license grant?

No; the document is the one embedded in the OpenGeoData posting
(http://opengeodata.org/microsoft-imagery-details). Like I say I'd envisage
it might be firmed up a little in the coming weeks.



 It's worth noting that this is more than we've had for the Yahoo 
imagery


Cheers
Chris


--
e: m...@chrisfleming.org
w: www.chrisfleming.org


___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Bing - Terms of Use

2010-12-02 Thread 80n
On Thu, Dec 2, 2010 at 1:45 PM, Chris Fleming m...@chrisfleming.org wrote:

 On 01/12/10 08:52, Richard Fairhurst wrote:

 Andrew Harvey wrote:

 Just to clarify is this
 http://www.microsoft.com/maps/product/terms.html the document
 which contains the license grant?

 No; the document is the one embedded in the OpenGeoData posting
 (http://opengeodata.org/microsoft-imagery-details). Like I say I'd
 envisage
 it might be firmed up a little in the coming weeks.


  It's worth noting that this is more than we've had for the Yahoo
 imagery


More what?  More restrictions or more freedoms?
___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Bing - Terms of Use

2010-12-02 Thread Eugene Alvin Villar
On Thu, Dec 2, 2010 at 11:23 PM, 80n 80n...@gmail.com wrote:
 On Thu, Dec 2, 2010 at 1:45 PM, Chris Fleming m...@chrisfleming.org wrote:

 On 01/12/10 08:52, Richard Fairhurst wrote:

 Andrew Harvey wrote:

 Just to clarify is this
 http://www.microsoft.com/maps/product/terms.html the document
 which contains the license grant?

 No; the document is the one embedded in the OpenGeoData posting
 (http://opengeodata.org/microsoft-imagery-details). Like I say I'd
 envisage
 it might be firmed up a little in the coming weeks.


  It's worth noting that this is more than we've had for the Yahoo
 imagery

 More what?  More restrictions or more freedoms?


I think it's the fact that we have an actual documentation of the
permission to trace. Yahoo's is pretty much just an unwritten/informal
agreement.

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Bing - Terms of Use

2010-12-02 Thread Anthony
On Thu, Dec 2, 2010 at 10:40 AM, Eugene Alvin Villar sea...@gmail.com wrote:
 I think it's the fact that we have an actual documentation of the
 permission to trace. Yahoo's is pretty much just an unwritten/informal
 agreement.

Except that at the point we don't.  At this point, we have an unclear
agreement which an employee from Microsoft says gives permission to
trace.  Which is the same as what we have in the case of Yahoo, except
that Yahoo's agreement (the terms of service) is not specific to
openstreetmap.org.

And most importantly, in neither case (Microsoft nor Yahoo) is there
any statement at all by the copyright holder of the actual imagery.
This only works because (or if, or to the extent that) tracing does
not create a derivative work in the first place.

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Bing - Terms of Use

2010-12-01 Thread Andrew Harvey
Just to clarify is this
http://www.microsoft.com/maps/product/terms.html the document which
contains the license grant? Could some please point me to the section
which says derived information shall have no restriction on its use?

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Bing - Terms of Use

2010-12-01 Thread Richard Fairhurst

Andrew Harvey wrote:
 Just to clarify is this
 http://www.microsoft.com/maps/product/terms.html the document 
 which contains the license grant?

No; the document is the one embedded in the OpenGeoData posting
(http://opengeodata.org/microsoft-imagery-details). Like I say I'd envisage
it might be firmed up a little in the coming weeks.

cheers
Richard


-- 
View this message in context: 
http://gis.638310.n2.nabble.com/OSM-legal-talk-Bing-Terms-of-Use-tp5789895p5791036.html
Sent from the Legal Talk mailing list archive at Nabble.com.

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


[OSM-legal-talk] Bing - Terms of Use

2010-11-30 Thread Sebastian Klein

Hi,

I'd like to discuss the MS Bing Maps Imagerty Service Editor Application 
API's Terms of Use [1], especially section 5 Your Content. [2]


I don't really understand this paragraph, does it mean they want us to 
give them the vector data we trace from their imagery, so they can use 
it any form?


Does that imply we must always attribute Bing?

Regards, Sebastian

[1] http://opengeodata.org/microsoft-imagery-details
(hint: you can click the (download) link below the flash part to get a 
pdf version of the text)


[2] 5. Your Content. Except for material that we may license to you, we 
do not claim ownership of the content you post or otherwise provide to 
us, that is hosted by Microsoft or a third party hosting provider on 
Microsoft’s behalf, related to the service (called a “submission”). 
However, by posting or otherwise providing your submission (and for the 
avoidance of doubt, where Microsoft hosts content on your behalf 
including by a third party hosting provider this constitutes a 
“submission”, but where you host or a third party hosts content on your 
behalf, other than Microsoft or a third party hosting provider on behalf 
of Microsoft, this does not constitute a “submission”) , you are 
granting to Microsoft free permission to use, copy, distribute, display, 
publish, transcode and otherwise modify your submission, each in 
connection with the service, and sublicense these rights to others in 
order to provide the service.
We will not pay you for your submission. We may refuse to publish, and 
may remove your submission
from the service at any time. You understand that providing a submission 
to us that violates others’ copyrights and other Intellectual Property 
rights violates this agreement. For every submission you make, you must 
have all rights necessary for you to grant the permissions in this section.


___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk


Re: [OSM-legal-talk] Bing - Terms of Use

2010-11-30 Thread Richard Fairhurst

Sebastian Klein wrote:
 I don't really understand this paragraph, does it mean they want us 
 to give them the vector data we trace from their imagery, so they 
 can use it any form?

No. Bear in mind that us means Microsoft when you read this:

| [2] 5. Your Content. Except for material that we may license to you, 
| we do not claim ownership of the content you post or otherwise 
| provide to us

We're not posting or providing any content to Microsoft, so it doesn't
apply.

Most of these terms are Bing's generic terms of use, with a few little
tweaks for the OSM case. That's why there are irrelevant clauses like this
in there. I think the terms might be revised a bit in coming weeks so don't
get too worried right now.

 Does that imply we must always attribute Bing?

No requirement. Obviously using source=Bing is OSM good practice, but
there's no requirement to attribute Bing.

cheers
Richard


-- 
View this message in context: 
http://gis.638310.n2.nabble.com/OSM-legal-talk-Bing-Terms-of-Use-tp5789895p5789960.html
Sent from the Legal Talk mailing list archive at Nabble.com.

___
legal-talk mailing list
legal-talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/legal-talk