[OSM-legal-talk] Imagery license clarification needed

[Stephan Knauss]

Hello,

I need some help in understanding a license for using imagery.

Is a license called "NextView" compatible with OSM contributor terms 
(and ODbL)?

My understanding of "Literal Imagery Derived Products" is that this is 
the vector data we create by tracing from imagery. I'm a bit uncertain 
about the exact meaning. I'm no native speaker and have problems 
translating the word "literal" in combination with "Imagery".

The license text says:
“This data is licensed for use by the US Government (USG) under the 
NextView (NV) license and copyrighted by Digital Globe or GeoEye. The NV 
license allows the USG to share the imagery and Literal Imagery Derived 
Products (LIDP) with entities outside the USG when that entity is 
working directly with the USG, for the USG, or in a manner that is 
directly beneficial to the USG. The party receiving the data can only 
use the imagery or LIDP for the original purpose or only as otherwise 
agreed to by the USG. The party receiving the data cannot share the 
imagery or LIDP with a third party without express permission from the 
USG. At no time should this imagery or LIDP be used for other than 
USG-related purposes and must not be used for commercial gain. The 
copyright information should be maintained at all times. Your acceptance 
of these license terms is implied by your use.”

Later it's suggested:
"In other words, you may only use NextView imagery linked from this site 
for digitizing OpenStreetMap data for humanitarian purposes."

I worry:
OSM data can be used for any purpose, including commercial ones. The 
license above explicitly forbids commercial gain: "At no time should 
this imagery or LIDP be used for other than USG-related purposes and 
must not be used for commercial gain".

Will it harm OSM if we have larger scale data from this source included 
in the database?


Stephan