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

Simon Poole simon at poole.ch
Mon Jul 11 16:33:30 BST 2011



Am 11.07.2011 12:10, schrieb Grant Slater:
> ....
> 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.
> .....
The last time I read Nearmaps ToS I believe they were in fact -not- 
claiming any rights in
traces from their imagery, but requiring you to enter in to a contract 
with them (via
acceptance  of the ToS) that you would only license the data you 
generated in a specific
way.

But I might be mistaken. In any case as has been discussed here before, 
the level of protection
of photographic imagery differs so strongly from jurisdiction to 
jurisdiction, that it doesn't
seem wise to me to bet on there being no rights from the original source 
remaining in traces.

Simon





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