I’ve noticed some third party developers are creating photogrammetry scenery using Google Maps. They usually include a fair use notice, but Google Maps TOS expressly forbids using maps data for 3D models. Is there a license from MS to use Bing Maps for these purposes? (FYI, I’m a copyright lawyer and I teach copyright law, so I know the law.)
Bing Maps is a platform owned by Microsoft. So, I don’t think that necessarily they need to request a license from their own software!
What I know is that Bing uses data from TomTom and HERE too. If they are using any data from these providers in such a case, they probably need to be licensed!
Aside from that, they are using Third-Party data too, so for this, I’m sure they need some licensing agreement!
No, I mean a license for third party developers.
I’m not sure I understand the question.
A license for third party developers to do what? Use Google Maps photogrammetry? No. They’re simply ripping it.
A license to use Bing Maps photogrammetry? Why would they? It’s already in the game.
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…lol
ya right … MS owns Bing Maps … lol
Not every city / area in the game uses hi resolution photgrammetry. Many buildings are supplied by the AI. Some are missing. So the question is, if a third party developer wants to enhance the stock scenery, is there a license to use Bing Maps data to do so.
Do you have a use case example, or an example of where Bing Maps depicts a location and Flight Simulator is not using that data? It’s my understanding that all of Bing Maps’ photogrammetry is included in Flight Simulator. The only locations I can think of where they don’t use Bing Maps data are places where the aerial image quality is degraded or obstructed by something (usually clouds), in which case why would a third party dev want to use that data? Except maybe as a guide as they recreate the scenery, but then they wouldn’t need a license.
Yeah, you don’t get it. That doesn’t mean a third party developer can just go ahead and use Bing Maps.
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A couple examples
– a local one: Barnegat Light, NJ. In the game, there is nothing at all where the lighthouse and surrounding buildings should be. The lighthouse and surrounding buildings show up in Bing Maps.
– a better known one: the Washington Monument, Washington DC. In the stock game as shipped, the AI filled it in with an office building. In Bing Maps you can clearly see it for what it is.
Maybe something like this?
There are 341 cities modeled in hi res 3D photogrammetry in the stock game from Bing Maps – so lots more obviously can be done by third party developers
There’s no photogrammetry at either location in Bing Maps.
Are you talking about just using the aerial imagery as 2D ground textures? That should already be in the game, is it not?
Yes it seems the API license doesn’t cover making scenery for MSF. Maybe the Google v. Oracle case in SCOTUS will solve some of this. It seems to me MS should want to freely license Bing Maps for MSF scenery.
No, the lighthouse isn’t in the game. Here’s the Bing “bird’s eye view”. There are lots of places that are not modeled with high res 3d photogrammetry even using Bing Maps photos / data. Most of the world is a combination of Bing Maps data and AI
That’s not photogrammetry either, but a 2D aerial image on an oblique angle, which wouldn’t import into Flight Simulator at all.
The point is, you can use images like that to create photogrammetry. You need the 2D photos to make the 3D photogrammetry
What is the point of your questions? Are you looking for your next big Copywrite case? Trying to end 3rd party development?
Just curious – its a type of question that gets my copyright lawyer mind going, particularly with the Google v. Oracle case about APIs now pending at SCOTUS. Actually I’m hoping someone at MS might notice and add the necessary permissions and tools to the SDK. My guess is no one at MS or Asobo thought about this. I’m also interested in doing some work on scenery, and if I do, I’d like to know that there aren’t any copyright issues.
You’re overthinking this. Microsoft is not going to sue third party developers for using Bing data inside MSFS even if not explicitly licensed. Different story if you try to use it outside of MSFS. On top of that if you’re giving the product away for free and MS is arguably gaining rather than losing from they product then what would they hope to gain from a lawsuit?