[OSM-legal-talk] Is tracing from Yahoo allowed under the CT's

[David Groom]

> ----- Original Message ----- 
> From: "Anthony" <osm at inbox.org>
> To: "Licensing and other legal discussions." 
> <legal-talk at openstreetmap.org>
> Sent: Tuesday, August 17, 2010 6:12 PM
> Subject: Re: [OSM-legal-talk] Is tracing from Yahoo allowed under the CT's
>
>
>
> A good start would be an explanation of why a user *wouldn't* be
> allowed to trace data from Yahoo.  Why do they need permission in the
> first place?
>

Well for a start the CT's require that any content you add does not "best of 
Your knowledge, infringe any third party's rights".  So unless you attempt 
to see if you can use a source I cannot see how you possibly could argue 
that use of Yahoo was in accordance with the CT's.

Secondly from the second line of 
http://wiki.openstreetmap.org/wiki/Yahoo#Legalities  you will see the phrase 
"Yahoo! have agreed to let OSM use their aerial imagery" [ under the old 
licence terms], and large parts of the remainder of that page go on to 
mention the agreement with Yahoo etc.  Do you seriously think that people at 
Yahoo and people at OSM would have spent all that time coming to an 
agreement to use Yahoo under the old licence terms if such permission was in 
fact not needed.

Thirdly there is the post by someone called SteveC at 
http://old.opengeodata.org/2006/12/04/yahoo-aerial-imagery-in-osm/index.html 
.  SteveC writes "Yahoo! have agreed to let OSM use their aerial imagery." 
and he end his post "Thanks again Yahoo".  So presumably Stevec though that 
Yahoo needed to give us permissiontouse it; we could not just go ahead and 
use it without their permission.

Hopefully the above points have explained why you cant simply assume you can 
trace from Yahoo.

David



> On Tue, Aug 17, 2010 at 11:29 AM, David Groom <reviews at pacific-rim.net> 
> wrote:
>> Is there anything available which would allow a user who has signed up to
>> the Contributor Terms to believe that he / she is allowed to trace from
>> Yahoo ?
>>
>> From http://wiki.openstreetmap.org/wiki/Yahoo#Legalities
>>
>> "The agreement allows us to derive our vector-based map data from the 
>> aerial
>> photos owned by Yahoo! and to release these derived works with our open
>> content license " - and that licence is currently CC-BY-SA.
>>
>> and from later in that page "We don't have a written agreement explaining
>> exactly what is permitted. It seems to be more a case of agreeing an
>> interpretation of their Terms of Use. "
>>
>> So if there is some documentation which shows that Yahoo agrees to users
>> tracing data which is subject to the CT terms then please could someone 
>> put
>> a reference to it on the wiki, otherwise it would be difficult to see how 
>> a
>> user would be able to satisfy himself that it is allowed, and for other
>> users to satisfy themselves that tracing from Yahoo is not a breach of 
>> the
>> CT's
>>
>> David
>>
>>
>>
>>
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