[OSM-talk] Applications systematically consuming Bing Aerial tiles

[Jochen Topf]

On Thu, Mar 29, 2012 at 05:53:12PM +0300, Peteris Krisjanis wrote:
> Disclaimer: I'm not a lawyer, but I have studied copyright law and cases
> and have actual friend as copyright lawyer (rarity even these days).
> 
> There are many ways how this is not even close to any substantial
> copyright violation, and very few how it could be.
> 
> First of all, there's not enough proof of copyright violation. There's
> no proof that assumed deravative work is generated using our work (So
> far I haven't seen lot of it, only unofficial admittance). And if
> there's one, it's not very substantial to variant court case of
> copyright violation. 

There is plenty of proof. See
http://wiki.openstreetmap.org/wiki/Bing/2012_Germany_Military_Blurring

> And even if there is violation, one thing for sure - as several people
> in this tread already said, this doesn't make Bing photos automatically
> CC-BY-SA, no matter how someone would like this. As no written

Thats where we disagree. But I am not a lawyer either and I don't have
a friend who is, so I guess your argument is better.

> commercial app including GPL code is automatically GPL. Coders just
> violate copyright and they are given chance to remove it, or relicense
> code as copyleft license requires. Also in this case not all photos are
> impacted, only those with blured bits.

By this argument if I have a program with some of my code and some GPL code
I don't have to make my parts GPL because those are different parts of the
program? I'd say the photos are all impacted, because it is just one big work.
The tiling is just a technical detail to make the download quicker.

But, hey, the Bing guys are our friends, so there is no problem here, really.
And I don't want to get my fingers slapped by the list moderator for talking
legal things on the non-legal list, so I better stop talking.

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