Hi! The fact that Bing doesn't display the correct license means that they are in breach of the license (7a). It does *not* mean that they haven't accepted it. They automatically accept the license if they use the data (Par 8a). I still have those rights (7a again). (http://creativecommons.org/licenses/by-sa/2.0/legalcode)
And of course you are right: It doesn't change anything "wrt their rights in their products." But it does change something "wrt to *my* rights in their products." Lets haggle about this some more. It is so much fun when several people who all have no legal background discuss licensing. :-) Jochen On Thu, Mar 29, 2012 at 11:31:41AM +0200, Simon Poole wrote: > Date: Thu, 29 Mar 2012 11:31:41 +0200 > From: Simon Poole <[email protected]> > To: [email protected] > Subject: Re: [OSM-talk] Applications systematically consuming Bing Aerial > tiles > > Sorry, but your statement wrt Bing imagery is not true (and very silly). > > Just because Bing/MS may have committed a minor breach of CC-by-SA 2.0 > terms > doesn't change anything wrt their rights in their products. You may > naturally ask > them to cease distributing such material and could potentially claim > damages. > > But that is it. > > Simon > > Am 29.03.2012 11:06, schrieb Jochen Topf: > > On Wed, Mar 28, 2012 at 03:58:46PM -0600, Martijn van Exel wrote: > >> Does anyone know of applications in the OSM ecosystem that systematically > >> download large areas' worth of Bing Aerial tiles? > >> The license[0] implies that this is not allowed because 1) you cannot > >> 'copy, store, archive, or create a database of the content' (par.2) and 2) > > The storage part is not true any more. Bing used OSM data to mask out > > military > > areas in Germany, so the Bing images are now automatically CC-BY-SA. Any > > Bing > > images you have downloaded you can do with it what you want. They haven't > > updated their terms & conditions yet, but I am sure Steve is working on > > that. > > It is a big company that moves slowly. > > > > Of course that doesn't say anything about the service. Bing doesn't have to > > give you access to those images. Thats a different issue and I can't say > > anything about that. > > > > Of course thats all for the old CC-BY-SA license. If I understand the new > > license correctly the images don't have to be under CC-BY-SA, but they would > > have to give us their updated geometries for the military areas. That would > > be interesting, because in some places they are better than the ones we > > have in OSM. But they did this based on the old license so thats all > > hypothetical. > > > > Jochen > > > _______________________________________________ > talk mailing list > [email protected] > http://lists.openstreetmap.org/listinfo/talk > -- Jochen Topf [email protected] http://www.remote.org/jochen/ +49-721-388298 _______________________________________________ talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/talk
