[OSM-legal-talk] Using JOSM + Yahoo Maps Aerial Imageryfor Public Domain Release

[Gustav Foseid]

On Sat, Oct 11, 2008 at 1:08 PM, Peter Miller <peter.miller at itoworld.com>wrote:

> I am very sure it is not allowed. If it was allowed then Ed would have made
> that clear on any number of occasions recently, notably at SOTM and at
> FOSS.
>

I have never met Ed, so I will have to do with reading their licenses. It is
not obvious to me, to what extent the various Google licenses limits use of
traces in OSM.

The Google Maps Terms of Service, says "You may not copy, reverse engineer,
decompile, disassemble, translate, modify or make derivative works of the
imagery, in whole or in part." If a trace is a derived work, then you are
not allowed to make traces, but I am not sure if that would be aderived
work.

The Google Maps API Terms of Service, says " You may use the API to display
the Content in conjunction with other information You provide to end users.
You may not access, reproduce, or use the Content for any other purpose."
Would background in an editor fall within such usage? I don't know, but they
showcase examples where the API is used for drawing polygons.

The Google Earth License is a bit different, since it is really a license
for a piece of software, more than Terms of Service for a web service. I
have not found anything in the license, restricting the usage of traces you
make with the Google Earth trace tool...



Regards,

Gustav
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