[OSM-legal-talk] [talk-au] Bing

Andrew Harvey andrew.harvey4 at gmail.com
Mon Jul 11 11:30:34 BST 2011


On Mon, Jul 11, 2011 at 8:10 PM, Grant Slater
<openstreetmap at firefishy.com> wrote:
> The official Bing blog:
> http://www.bing.com/community/site_blogs/b/maps/archive/2010/12/01/bing-maps-aerial-imagery-in-openstreetmap.aspx
> published by Brian Hendricks - Bing Maps Product Manager

Oh, yes. That's right. I don't think it's perfect, but better than
nothing. I think it could have been handled better at Microsoft's end
though, i.e. directly posting the Terms PDF.

>> But even if it is and can be proved to be authentic, unless Microsoft
>> also state that OSM has permission to license traced data it out to
>> others as CC-BY-SA, simply saying yes you can trace and upload to OSM
>> isn't enough in my opinion. As this would be a license specific to
>> OSM, and wouldn't allow others who use OSM data to use the bing data.
>>
>
> The traced data is a new work and therefore untainted by the Bing
> license. (NearMap doesn't see using aerial imagery this way.)
> The license is also a specific terms of use grant to OSM with the
> condition the derived data is uploaded to OSM.

I can see that the assumption of "tracing aerial photography to create
a vector representation of the data is creating an entirely new work"
is potentially problematic. I'm not a lawyer, but I would think that
you would want the copyright holder to state that they disclaim any
copyright on such traced data just to be sure. Just take a look at
this case as an example
http://en.wikipedia.org/wiki/Barack_Obama_%22Hope%22_poster#Origin_and_copyright_issues



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