----- Original Message ----- From: "Anthony" <[email protected]> To: "Licensing and other legal discussions." <[email protected]>
Sent: Wednesday, December 01, 2010 12:10 PM
Subject: Re: [OSM-legal-talk] some interesting points from the bing license



On Wed, Dec 1, 2010 at 6:34 AM, David Groom <[email protected]> wrote:
Whereabouts is the "prior written consent from Microsoft" which would enable
us to trace and thus create derivative works?

David

[1] http://opengeodata.org/microsoft-imagery-details

Isn't http://opengeodata.org/microsoft-imagery-details the "prior
written consent from Microsoft".


I'm not sure it is, or certainly if it is enough.

1) I don't actually see anywhere where it says you can derive works from the imagery. 2) In fact what you CAN do is specified very little, the agreement has far more about what you CANT do. 3) Its not even clear to me that [1] applies to end users, ie those who are using Potlatch, JOSM etc, the agreement in [1] seems much more applicable to the developers of Potlatch etc

4) Given that document [2] IS very clear that you cant create derivative works, if document [1] is intended to give the written consent then I think it need's to do so in a clear and unambiguous manner.

David




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