[OSM-legal-talk] Usage of Planet Labs NICFI imagery

[Mateusz Konieczny]

@Charlotte The big problem is  "all of which must be Non-Commercial Use"

OSM data can be used also for commercial use, without restriction.

It can be used by both
- researches documenting deforestation
- people withing to protect natural areas
- logging companies
- whoever else

Data source that include restrictions on commercial use of traced data
cannot be used in OSM.


Feb 20, 2022, 15:04 by vincent at veldman.me:

> Clear answer I got, posting it in this group. 
>
> Thank you for your email.  In the terms that are accepted on account set up there is a purpose that is being agreed to by signing up for the program which stipulates that the data must be used in the pursuit of reversing and reducing the loss of tropical forests (I attach the full license terms here as a separate document).  If your mapping work would include that activity then absolutely no problem.  If the mapping work is more for updating OSM in different regions e.g. roads, urban areas etc then that wouldn't apply I am afraid. 
>
> If the mapping you want to do is different to the above then if you can share more then I would be pleased to review further
>
> best wishes
>
> Charlotte 
> NICFI data program manager 
>
>
>
>
> -------- Original message --------
> From: Simon Poole <simon at poole.ch>
> Date: Sat, 19 Feb 2022, 21:06
> To: legal-talk at openstreetmap.org
> Subject: Re: [OSM-legal-talk] Usage of Planet Labs NICFI imagery
>  
>
> I gave the licence a quick skim, and besides causing chuckles at      some slightly hilarious wording, it is a clear nono.
>
>
> Given that Norway is paying for the imagery, contacting the      relevant government agency would be the obvious next step if      trying to get access to the imagery is going to be pursued any      further.
>
>
> Simon
>
> Am 19.02.2022 um 11:42 schrieb Mateusz      Konieczny via legal-talk:
>
>> "all of which must be Non-Commercial Use"
>>
>> I am not a lawyer, but it seems clearly        incompatible with OSM.
>> OSM data must allowing also commercial use.
>>
>> If there are edits made using it, likely such        edits should be reverted.
>>
>> Maybe they would grant permission to use        specifically for OSM mapping?
>> But they may have own legal obligations from owner        of imagery making it impossible.
>>
>> Note also final part, which allows Planet Labs        Germany Gmbh to perform audit of use of
>> imagery - at your cost
>> ("shall have the right to require You to reimburse        Planet for the costs of such audit")
>>
>> Feb 18, 2022, 17:34 by >> matheus.gomes03 at hotmail.com>> :
>>
>>> Hey guys,
>>>
>>> Since October 2020, Norway              through its NICFI program is sponsoring high resolution              imagery from Planet Labs in the tropics. With this,              virtually anyone can have access to these imagery, which              is aimed to be used for fighting deforestation (among              other goals).
>>>
>>> I couldn't find any info              regarding this and OSM, so that's why I'm asking it here.
>>>
>>> On their page, it seems that              data is kinda freely available [1], but then I wanted to              check with you more expert guys if we can use on OSM. It              doesn't seem they have a standard license (such as CC-BY              os ODbL), but they do provide a document with the license              of that imagery [2].
>>>
>>> On OSM Contributors wiki page              I found this permission: ">>> Planet              Labs Inc. through their Open Data Portal", but I couldn't              find more information. Reading the license, the 'Sharing'              section made me unsure about the usage on OSM.
>>>
>>> What do you guys think? Are              we allowed to use, or should we ask for a waiver? (Or had              anyone already contacted them and we received a negative              answer?)
>>>
>>> [1] >>> https://www.planet.com/nicfi/#support-resources
>>> [2] >>> https://assets.planet.com/docs/Planet_ParticipantLicenseAgreement_NICFI.pdf
>>>
>>>
>>> Best regards,
>>> Matheus
>>> (matheusgomesms)
>>>
>>
>>
>> _______________________________________________legal-talk mailing list>> legal-talk at openstreetmap.org>> https://lists.openstreetmap.org/listinfo/legal-talk
>>

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