[talk-au] Statement from nearmap.com regarding submission of derived works from PhotoMaps to OpenStreetMap

[David Groom]

> ----- Original Message ----- 
> From: "Ben Last" <ben.last at nearmap.com>
> To: "OpenStreetMap Learned Discussions" <talk at openstreetmap.org>; "OSM
> Australian Talk List" <talk-au at openstreetmap.org>; "Licensing and other
> legal discussions." <legal-talk at openstreetmap.org>
> Sent: Wednesday, June 15, 2011 2:30 AM
> Subject: [talk-au] Statement from nearmap.com regarding submission of
> derived works from PhotoMaps to OpenStreetMap
>
>
> Hi all
>
> As promised, with apologies for the delay, here is the statement from
> NearMap regarding submission of derived works of our PhotoMaps to OSM.
>
> *
>
> Nearmap.com wishes to clarify the extent to which OpenStreetMap  (OSM) may
> use additions or edits to its street maps which are derived from 
> nearmap.com’s
> PhotoMaps.
>
>
>
> All such additions or edits submitted to OSM prior to 17 June 2011 may be
> held and continue to be used by OSM under the terms in place between OSM 
> and
> the individual which submitted the addition or edit at the relevant time.
>
>
>
> From 18 June 2011, OSM may not accept or use any additions or edits to its
> streetmaps or any other data which is derived from nearmap.com PhotoMaps.
> If any data derived from nearmap.com PhotoMaps is provided to OSM after
> that date, it must be deleted from OSM’s database immediately.
> *
>
> For clarity; the second paragraph allows edits submitted before the 17th 
> of
> June 2011 under CC-BY-SA (i.e., by someone who hadn't accepted the new CTs
> at the time of submission) *or* ODbL/whatever (by someone who had accepted
> the CTs at the time of submission) to stay in the database. For the
> Australian mappers in particular, this means that there need be no mass
> deletion of existing data based on tracing from nearmap.com PhotoMaps.  It
> also means that nearmap.com PhotoMaps can't be used after the 17th of June
> as a basis for tracing data to submit to OSM.
>


Ben,

sorry to be pedantic, but when you say "the second paragraph allows edits 
submitted before the 17th of  June 2011 under CC-BY-SA (i.e., by someone who 
hadn't accepted the new CTs
at the time of submission) .....   to stay in the database", do you mean it 
is OK for someone who in the past has made edits based on Nearmap imagery, 
(and who has not yet agreed to the CT's because they had used Nearmap) , to 
now agree to the CT's without being in breach of Nearmaps T & C's?

I know this may seem like splitting hairs, but there is a difference between 
"allowing edits to remain in the database" which is something OSM sysadmins 
have control over, and "allowing users to agree to the CT's" which is 
something individual OSM users have control over, and I'm just trying to 
understand , as someone who has used Nearmap, but not agreed to the CT's, 
where I stand.



Regards

David


> Again, I'd like to clarify that nearmap.com *have not changed anything in
> our licensing terms*.  This is not us withdrawing our support.  The OSMF 
> are
> making a change to the contributor terms which makes them incompatible 
> with
> the requirement, under our community licence, that derived works be
> distributed only under CC-BY-SA.  We are not able to change our licence to
> allow distribution of derived works under unspecified future licences.
>
> Regards
> Ben
>
> -- 
>
> *Ben Last*
>
> *Development Manager, HyperWeb*
> [image: nearmap.com] <http://www.nearmap.com>
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