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

[Anthony]

On Tue, Aug 17, 2010 at 8:03 PM, John Smith <deltafoxtrot256 at gmail.com> wrote:
> On 18 August 2010 09:53, Anthony <osm at inbox.org> wrote:
>> Apparently Yahoo gets the imagery from i-cubed.  I'm not sure where
>> i-cubed is getting the particular imagery that they let Yahoo use in
>> its API.  What I'm more confident of is that it doesn't matter.
>
> It doesn't matter that they may source their imagery from a commercial
> imagery company?

No.  It doesn't.  Even if satellite images can be copyrighted (and
that alone is questionable), using them to make ways which follow
roads almost surely wouldn't constitute a derivative work, because it
doesn't copy any of the arguably creative decisions which go into
making the satellite photo.

>> That's for "Contents" you "add".  You aren't adding satellite images
>> to the database.
>
> Well... Since you may be in breach of contract for deriving data from
> a commercial service for which you haven't been given explicit
> permission, that seems to conflict to me...

Yahoo has already said that tracing from its images is not a breach of contract.

I don't think it's fair to say "you may be in breach of contract"
without at least pointing to what part of what contract you "may be in
breach of".  Otherwise, you'd have to conclude that "you may be in
breach of contract" every moment of every day of your life.

This is my last post to this thread, at least for today, and possibly
for longer.