Oh yes I'm very aware, and in fact I had this same question initially. (I've been an OSM contributor for a long time). I asked about it at the meeting we had for this project. What I can tell you is the city we're working with does license Nearmap imagery, through the program I mentioned above. As a lowly volunteer I'm not privy to the actual license agreement, so I can't independently verify that it's compatible with OBdL. But I do think that Nearmap offers such a license (seems like the Lyft mapping team is a prominent user of it). So it didn't seem unreasonable to me that our MPO has a similar agreement. Hope this puts you at ease a bit.