[OSM-legal-talk] Someone already had a look at the BingTermsofUse?

Simon Poole simon at poole.ch
Sun Dec 19 21:32:59 GMT 2010


 "Anthony" <osm at inbox.org> wrote

> None of that even shows that German courts use the term "derivative
> work", let alone define tracings of aerial photographs to be under the
> definition of that term.

It's extremly unlikely that a German court would use English :-).

But in the specific case they did considered the derived work, the German
equivalent of a "derived work". In the absence of specific case law, 
naturally
nobody will make any definite statement (just as I believe the discussion 
here
http://wiki.openstreetmap.org/wiki/Copyright_in_deriving_from_aerial_photography
doesn't), but you can compare similar cases.

>> PS: and the relevance is that very likely the majority of bing tracing 
>> right
>> now is going on in -Germany-

> And that matters why, exactly?

Because:

> If you go back to the statement that I was responding to, you'll see
> that it said that the Microsoft license "makes no grants of rights to
> publish derived works".

Does MS even have the rights to grant such a license in Germany?

Simon

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