[Imports] Problems uploading Burundi boundaries data

[Sander Deryckere]

With the new CTs, you can only import PD data or data from your own
knowledge. This is because you give the right to the OSM community to change
the license (via a voting system that needs 3/4 of the active users, or
something like that). So you cannot guarantee anymore that the data will
stay under ODBL.

But you could make an agreement with OSM to get this data into OSM (as a
separate user) without agreeing to the CT. That way, if the OSM community
will change the license, they will have to remove that data.

But do use the legal-talk for this.

2011/8/5 Marc Zoss <marczoss at gmail.com>

> If the data is licensed under ODBL, I do not see any objection to
> incorporating it into OSM. However, my legal expertise is certainly limited
> any you may want to consider consulting the legal-talk mailing-list for more
> qualified statements. It will certainly be interested to them to see a large
> multilateral organisation like FAO incorporating ODBL.
>
> I would suggest you include a source-tag, so one has an idea where the data
> is coming from. Additionally, it is considered good practice to document any
> import, either in a dedicated wiki-page or on the Burundian wiki page.
>
> Marc
>
>
>
>
>
> On 03.08.2011, at 23:56, Arie Scheffer wrote:
>
>  Hello Marc and others,
>
> After you contacted me I took another look at the data I used. Firstly, I'm
> certain I downloaded the zip-file containing Burindian border data from FAO
> GeoNetwork <http://www.fao.org/geonetwork/srv/en/main.home> where It was
> credited to Africover, but today I couldn't find it there. Secondly, the
> file concerned is called bu-adm.zip containing 7 files: bu-adm.dbf,
> bu-adm.prj, bu-adm.sbn, bu-adm.sbx, bu-adm.shp, bu-adm.shp.xml, bu-adm.shx.
> I couldn't find any declaration of ownership in the files but in
> Bu-adm.shp.xml I found this license text:
>
> >## ODC Database Contents License
>
> The Licensor and You agree as follows:
>
> ### 1.0 Definitions of Capitalised Words
>
> The definitions of the Open Database License (ODbL) 1.0 are incorporated
> by reference into the Database Contents License.
>
> ### 2.0 Rights granted and Conditions of Use
>
> 2.1 Rights granted. The Licensor grants to You a worldwide,
> royalty-free, non-exclusive, perpetual, irrevocable copyright license to
> do any act that is restricted by copyright over anything within the
> Contents, whether in the original medium or any other. These rights
> explicitly include commercial use, and do not exclude any field of
> endeavour.  These rights include, without limitation, the right to
> sublicense the work.
>
> 2.2 Conditions of Use. You must comply with the ODbL.
>
> 2.3 Relationship to Databases and ODbL. This license does not cover any
> Database Rights, Database copyright, or contract over the Contents as
> part of the Database. Please see the ODbL covering the Database for more
> details about Your rights and obligations.
>
> 2.4 Non-assertion of copyright over facts. The Licensor takes the
> position that factual information is not covered by copyright. The DbCL
> grants you permission for any information having copyright contained in
> the Contents.
>
> ... (warranties etc.)
>
> This license is fullly compliant with OSM's license. Any claims made by
> Africover have no bearing on this data file. Further, I am unable to
> attribute the data correctly. I should therefore not use a source: key.
> Would you agree?
>
> Arie
>
>
> Op 3-8-2011 9:17, Marc Zoss schreef:
>
> Hi everybody
>
> I was contacted by Arie who recently imported some Burundian border since I did quite some work on the Tanzanian coverage.
>
> When I recently added some Tanzanian borders I stumbled across FAO's Africover dataset, but due to license restrictions I decided not to use it (and instead went for maplibary.org which is PD). Africover's license is not compatible with CCbySA / ODBL and so I tried to get Africovers permission specifically and wrote them. I got a negative reply from Africover's Craig van Hagen on 28.10.2010 (see quote below). So I am bit surprised reading that the same Craig van Hagen seems to have granted OSM the permission to use Africover data.
>
> Has anyone some more information and is it documented somewhere?
>
> Best regards
>
> Marc (aka FischersFritz)
>
>
>
>
>
>
>
> Dear Sir / Madam,
>
> Craig von Hagen sent you the following query from the Africover website:
>
> Subject: Data request
>
> This data cannot be uploaded to OSM as it belong to the country specified
>
> Thanks,
>
> Kind Regards
> FAO - Africover
>
>
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