[OSM-legal-talk] Bing - Terms of Use

Anthony osm at inbox.org
Thu Dec 2 16:20:23 GMT 2010


On Thu, Dec 2, 2010 at 10:40 AM, Eugene Alvin Villar <seav80 at gmail.com> wrote:
> I think it's the fact that we have an actual documentation of the
> permission to trace. Yahoo's is pretty much just an unwritten/informal
> agreement.

Except that at the point we don't.  At this point, we have an unclear
agreement which an employee from Microsoft says gives permission to
trace.  Which is the same as what we have in the case of Yahoo, except
that Yahoo's agreement (the terms of service) is not specific to
openstreetmap.org.

And most importantly, in neither case (Microsoft nor Yahoo) is there
any statement at all by the copyright holder of the actual imagery.
This only works because (or if, or to the extent that) tracing does
not create a derivative work in the first place.



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