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

[Matheus Gomes]

Hi Mateusz, Simon and Vincent,

Thank you very much for you quick input! Especially Vincent, for sharing with us his communication with them.

I agree with all of you, a pity we can't use that imagery. But at least we have confirmed now the impossibility to use them.

Thank you once again for your response.

Best,
Matheus
________________________________
De: Mateusz Konieczny via legal-talk <legal-talk at openstreetmap.org>
Enviado: domingo, 20 de fevereiro de 2022 13:32
Para: Licensing and other legal discussions. <legal-talk at openstreetmap.org>
Cc: Mateusz Konieczny <matkoniecz at tutanota.com>
Assunto: Re: [OSM-legal-talk] Usage of Planet Labs NICFI imagery

@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<mailto: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)



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