[talk-au] ODbL data.gov.au permission granted
edodd at billiau.net
Mon Oct 31 09:02:03 GMT 2011
On Mon, 31 Oct 2011 19:34:48 +1100
Sam Couter <sam at couter.id.au> wrote:
> Richard Weait <richard at weait.com> wrote:
> > Dear Talk-au,
> > The License Working Group have had further communication with
> > data.au.gov to confirm their position on permitting data.au.gov data
> > in OpenStreetMap. data.au.gov have reviewed the Australian section
> > of the attribution page
> > http://wiki.openstreetmap.org/wiki/Attribution#Australian_government_public_information_datasets
> > and responded as follows:
> > > That is terrific – thank you
> > >
> > > Regards, data.au.gov Team
> > We trust that you will find this to be sufficient confirmation that
> > it is okay to include data from data.gov.au in OpenStreetMap with
> > your CT/ODbL accounts.
> There's clearly some communication failure going on here. This isn't
> sufficient confirmation of anything except maybe that somebody at
> data.gov.au thinks something is terrific, probably something on the
> attribution page. There's no mention of licence compatibility or
> special permission grants, and a complete lack of the clear
> statements I'd expect to see. All context has been removed, and the
> phrase "That is terrific" can't stand alone.
> Richard, is it possible to simply forward the communications you have
> from data.gov.au to this list, or otherwise make them publically
> available? That should put the matter to rest one way or another.
The answer from AGIMO (data.gov.au) will actually be irrelevant.
At the beginning (email one of this thread) Grant said
"You will see two lists. The first are datasets that are definitely
from data.gov.au. The second is a list we are unsure of and will be
working to contact individual agencies now we have the basic principle
This is the big misunderstanding. AGIMO only hosts or provides links to
the datasets, all of them. It does not own any, and any request for
permission to use these copyright works other than under the originally
published licence has to come from the copyright holder.
For example, the first one on the first list is
National Parks and Asset Locations (South Australia), 29 October 2009,
CC-BY 2.5 Australia, Department for Environment and Heritage (SA),
originally retrieved from http://data.gov.au/589
If you want to use this under ODbL you have to ask DEH of SA. No use
asking AGIMO, because it is a totally different government and has no
ownership nor jurisdiction over the data.
Can we finally get this straight?
I take a photo. My sister publishes a link to the photo. Asking for
permission to use it from my sister is inappropriate. We are related,
but its not hers to approve any other use.
There has been a lot written about reusing CC-by under ODbL. The
incompatibility has been with the Contributor Terms. I am not going to
read them again, and I don't care what they are now, but they were the
big sticking point of legality.
OSMF asks that my sister gives permission for the (same) photo to be
used in OSMF owned dataset. My sister cannot give the permission
because the photo isn't hers.
The Dunny Database is quite specific in its licence on this point -
prohibiting sublicensing absolutely. I have not examined any of the
other individual licences of data on AGIMO's site.
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