[OSM-talk] Applications systematically consuming Bing Aerial tiles

[Jochen Topf]

Hi!

The fact that Bing doesn't display the correct license means that they are in
breach of the license (7a). It does *not* mean that they haven't accepted it.
They automatically accept the license if they use the data (Par 8a). I still
have those rights (7a again).
(http://creativecommons.org/licenses/by-sa/2.0/legalcode)

And of course you are right: It doesn't change anything "wrt their rights in
their products." But it does change something "wrt to *my* rights in their
products."

Lets haggle about this some more. It is so much fun when several people who
all have no legal background discuss licensing. :-)

Jochen

On Thu, Mar 29, 2012 at 11:31:41AM +0200, Simon Poole wrote:
> Date: Thu, 29 Mar 2012 11:31:41 +0200
> From: Simon Poole <simon at poole.ch>
> To: talk at openstreetmap.org
> Subject: Re: [OSM-talk] Applications systematically consuming Bing Aerial
>  tiles
> 
> Sorry, but your statement wrt Bing imagery is not true (and very silly).
> 
> Just because Bing/MS may have committed a minor breach of CC-by-SA 2.0
> terms 
> doesn't change anything wrt their rights in their products. You may 
> naturally ask
> them to cease distributing such material and could potentially claim
> damages.
> 
> But that is it.
> 
> Simon
> 
> Am 29.03.2012 11:06, schrieb Jochen Topf:
> > On Wed, Mar 28, 2012 at 03:58:46PM -0600, Martijn van Exel wrote:
> >> Does anyone know of applications in the OSM ecosystem that systematically
> >> download large areas' worth of Bing Aerial tiles?
> >> The license[0] implies that this is not allowed because 1) you cannot
> >> 'copy, store, archive, or create a database of the content' (par.2) and 2)
> > The storage part is not true any more. Bing used OSM data to mask out military
> > areas in Germany, so the Bing images are now automatically CC-BY-SA. Any Bing
> > images you have downloaded you can do with it what you want. They haven't
> > updated their terms & conditions yet, but I am sure Steve is working on that.
> > It is a big company that moves slowly.
> >
> > Of course that doesn't say anything about the service. Bing doesn't have to
> > give you access to those images. Thats a different issue and I can't say
> > anything about that.
> >
> > Of course thats all for the old CC-BY-SA license. If I understand the new
> > license correctly the images don't have to be under CC-BY-SA, but they would
> > have to give us their updated geometries for the military areas. That would
> > be interesting, because in some places they are better than the ones we
> > have in OSM. But they did this based on the old license so thats all
> > hypothetical.
> >
> > Jochen
> 
> 
> _______________________________________________
> talk mailing list
> talk at openstreetmap.org
> http://lists.openstreetmap.org/listinfo/talk
> 

-- 
Jochen Topf  jochen at remote.org  http://www.remote.org/jochen/  +49-721-388298