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<p>Without getting in to the complications of a custom variant of a
"standard" licence (the actual text of the licence would be
required for that), CC-BY licences that have a clause not allowing
downstream DRM (and other similar use restrictions) are not
compatible with the ODbL and you would need to obtain a waiver for
the respective clauses in any case.</p>
<p>See
<a class="moz-txt-link-freetext" href="https://wiki.osmfoundation.org/wiki/Licence/Licence_Compatibility">https://wiki.osmfoundation.org/wiki/Licence/Licence_Compatibility</a>
and <a class="moz-txt-link-freetext" href="https://blog.openstreetmap.org/2017/03/17/use-of-cc-by-data/">https://blog.openstreetmap.org/2017/03/17/use-of-cc-by-data/</a></p>
<p>Simon<br>
</p>
<div class="moz-cite-prefix">Am 29.11.2021 um 04:30 schrieb Dolf
Andringa:<br>
</div>
<blockquote type="cite"
cite="mid:CABkWtfjZJgmXJBNsigsXQ_oFaPkHU9zodycReL6KbNDUDbAt6g@mail.gmail.com">
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<div>Hi all,</div>
<div><br>
</div>
<div>In the OSM Philippines group there has been some discussion
about a dataset with municipal boundaries and it's
compatibility with OSM. This dataset traditionally has been
prohibited from being used in OSM by the Philippine government
after requests by OSM-PH community members. Multiple attempts
have been made, and even a version of the data that had been
published by NOAH after a joint project with the PH
government, had to be taken down again after the government's
request. <br>
</div>
<div>Recently though, the same dataset was published by OCHA
Philippines, a UN project:</div>
<div><br>
</div>
<div><a
href="https://data.humdata.org/dataset/philippines-administrative-levels-0-to-3?#metadata"
moz-do-not-send="true" class="moz-txt-link-freetext">https://data.humdata.org/dataset/philippines-administrative-levels-0-to-3?#metadata</a></div>
<div><br>
</div>
<div>The metadata explicitly states that the data originated
from the Philippine government (NAMRIA and PSA are government
agencies), and publishes it under the "Creative Commons for
Intergovernmental Organisation" (CC BY-IGO) license. <br>
</div>
<div>The summary of that license explicitly states:</div>
<div><br>
<blockquote class="gmail_quote" style="margin:0px 0px 0px
0.8ex;border-left:1px solid
rgb(204,204,204);padding-left:1ex">Under the CC BY-IGO
license, you are free to share (copy and redistribute the
material in any medium or format) and or adapt (remix,
transform, and build upon the material) for any purpose,
even commercially. The licensor cannot revoke these freedoms
as long as you follow the license terms. The license terms
are that you must give appropriate credit, provide a link to
the license, and indicate if changes were made. You may do
so in any reasonable manner, but not in any way that
suggests the licensor endorses you or your use.
Additionally, you may not apply legal terms or technological
measures that legally restrict others from doing anything
the license permits. When the Licensor is an
intergovernmental organization, disputes will be resolved by
mediation and arbitration unless otherwise agreed.</blockquote>
</div>
<div><br>
</div>
<div>which to me sounds compatible with OSM, since even
commercial use is explicitly allowed. Now what I am unclear
about is the IGO side. It sounds to me that the license says
that IF the licensor is an IGO, the conditions of arbitration
are settled. To me it sounds like whether or not the licensor
is an IGO (which it is in this case I think, since OCHA is
part of the UN), the data can still be used by anyone
(private person, NGO, IGO, businesses, etc). Or does it mean
the data can only be used by IGO's as well? So businesses,
private people, NGO's, etc are not allowed to use the data at
all? If it's the latter, the license is a bit confusing since
it explicitly allows commercial use, which at least to someone
without a legal background sounds like any company can use it
too. <br>
<br>
</div>
<div>So the main question I have is: Is the CC BY-IGO compatible
with a private person using that data to contribute to OSM (as
long as credit is given and such)? <br>
<br>
</div>
<div>Secondly, if it turns out there is intergovernmental
politics at play, and the data was contributed by OCHA under
the CC BY-IGO without prior approval from the PH government
(NAMRIA/PSA), am I legally in the right to use that data in
the meantime? Of course if I'm notified the license was wrong
and I need to take the changeset down, I will, but as long as
the data is there, under that license, am I ok? <br>
</div>
<div><br>
</div>
<div>Cheers,</div>
<div><br>
</div>
<div>Dolf.<br>
</div>
</div>
<br>
<fieldset class="moz-mime-attachment-header"></fieldset>
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