[OSM-legal-talk] Someone already had a look at the Bing Terms of Use?

[David Groom]

For the record

1) I accept that the Microsoft Licence[1] to use Bing imagery is an early 
version, and we have been told it will be revised
2) I suspect that Microsoft do intend that Bing imagery may be used to 
update OSM

However:

----- Original Message ----- 
From: "Rob Myers" <rob at robmyers.org>
To: <legal-talk at openstreetmap.org>
Sent: Sunday, December 19, 2010 11:39 AM
Subject: Re: [OSM-legal-talk] Someone already had a look at the Bing Terms 
of Use?


>
> On 19/12/10 10:30, Andrew Harvey wrote:
>>
>> Where is this direct statement from Microsoft that says derived
>> information from aerial imagery delivered through their map api can be
>> licensed under a CT compatible license?
>
> Microsoft have directly stated that Bing imagery may be used to update 
> OSM.
>
> The licence PDF states:
>
> "Any updates you make to the OpenStreetMap map via the
> Application (even if not published to third parties) must be contributed 
> back to openstreetmaps.org."
>

Which is NOT the same as stating "Microsoft have directly stated that Bing 
imagery may be used to update OSM".

Indeed, had Microsoft have directly stated that Bing imagery may be used to 
update OSM, then I suspect you would have pointed to a paragraph which 
backed up that assertion.

As I've written before[2] the only direct mention Microsoft have made of 
derived data made from tracing Bing Imagery is their statement that it isn't 
allowed [3].

However, as I stated at  the state of this message I suspect that Microsoft 
intend that Bing imagery may be used to update OSM, I also suspect that they 
intended the wording of the licence [1] to make it clear. On that 
(admittedly probably unsound from a legal point of view), basis I have been 
tracing from Bing.

David


> Agreeing to the CTs is a condition of doing so.
>
> - Rob.
>
>

[1] http://wiki.openstreetmap.org/w/images/d/d8/Bing_license.pdf
[2] 
http://lists.openstreetmap.org/pipermail/legal-talk/2010-December/005305.html
[3] http://www.microsoft.com/maps/assets/docs/terms.aspx