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

[Anthony]

On Sun, Dec 19, 2010 at 7:32 PM, Anthony <osm at inbox.org> wrote:
>>> And now add to that we have explit permission to use the imagery....
>>
>> I've repeatedly asked where is the explicit permission to use Bing Imagery
>> to create derived works
>
> The explicit permission is to use the imagery to update OSM:  "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".
>
> The explicit permission doesn't use the terminology of "create derived
> works", but that makes sense since using the imagery to update OSM
> doesn't "create derived works".

And they probably don't even have permission to give you permission to
"create derived works".  If Microsoft allowed you to "create derived
works", then you'd be able to completely undermine the business model
of the people who created those aerials.  On the other hand, if your
permission extends only to using the imagery to update OSM, then you
don't really cut into the business model of the aerial imagery owners
at all.