[Imports] [Talk-us] King County, Washington authorization

Tue Dec 11 16:50:21 UTC 2012

So what data does this include exactly?  Parks? Roads?  What?

-Compdude

From: Jeff Meyer [mailto:jeff at gwhat.org] 
Sent: Monday, December 10, 2012 12:42 PM
To: OpenStreetMap US Talk; imports at openstreetmap.org;
osm-seattle at googlegroups.com
Subject: [Talk-us] King County, Washington authorization

All - 

FYI - King County Washington has authorized the use of their data in
OpenStreetMap.

No imports using this data (beyond possibly the Seattle Import) are
currently planned, afaik.

http://wiki.openstreetmap.org/wiki/Contributors#King_County.2C_Washington

Regards,

Jeff

---------- Forwarded message ----------
From: Horning, George <George.Horning at kingcounty.gov>
Date: Mon, Dec 10, 2012 at 12:05 PM
Subject: RE: Recent Inquiry to King County Regarding King County's Data
Policy
To: Jeff Meyer <jeff at gwhat.org>, "Moses, Ann" <Ann.Moses at kingcounty.gov>
Cc: "Smith, Nick" <Nick.Smith at kingcounty.gov>

Jeff -

Yes, including the King County data disclaimers in the same manner as you
are doing for the city of Seattle would be fine.  Thanks for being
conscientious about using the county's data.  When you have set up please
send along a link.

George W. Horning 
King County GIS Center Manager 
___________________________________
King County GIS Center 
Department of King County Information Technology 
201 South Jackson Street, Suite 706 
Seattle, WA  98104-3855 
206-263-4801  FAX 206-263-3145 
george.horning at kingcounty.gov

From: Jeff Meyer [mailto:jeff at gwhat.org] 
Sent: Friday, December 07, 2012 10:26 AM
To: Moses, Ann
Cc: Smith, Nick; Horning, George
Subject: Re: Recent Inquiry to King County Regarding King County's Data
Policy

Hi Ann -

Thanks for your persistence on this topic! We (the local OSM group were just
discussing the status of this request in email this morning. : )

Mr. Horning -

Pleased to meet you.

Regarding item #7, would including that statement on the OpenStreetMap
contributors page meet that requirement? Here's a link to this page - you'll
see the City of Seattle is using this page to meet their requirements for
attribution.

http://wiki.openstreetmap.org/wiki/Contributors#City_of_Seattle.2C_Washingto
n

There is a vibrant OpenStreetMap community in King County and we are all
excited about the possibility for increasing the use of this public data. We
just want to make sure we're doing it the right way. Any help you can
provide with our efforts is greatly appreciated!

Thanks,

Jeff

On Fri, Dec 7, 2012 at 10:04 AM, Moses, Ann <Ann.Moses at kingcounty.gov>
wrote:

Dear Mr. Meyer,

Based on your additional information, I was able to reach out to George
Horning, King County's GIS Center Manager.  Mr. Horning recommended that I
share the following link with you, which is available on the King County's
GIS Data Portal (http://www5.kingcounty.gov/gisdataportal/), and shows the
King County GIS Center's Terms and Conditions, which must be accepted by the
user before they can download any data.  Item 7 may be of particular
interest in your situation.

I have also included these terms and conditions at the end of this e-mail.

While I am not sure if it would be applicable in your situation, I have also
attached a copy of the form that is used by the King County GIS Center for
individuals to request a custom data order. 

I hope this additional information helps!   Note that I have included Mr.
Horning as a "cc" on this e-mail.  Please feel free to follow up directly
with him regarding any additional questions you might have.

Sincerely,

Ann Moses

King County Information Technology

Terms and Conditions

By accessing any data posted by King County ("Data"), you agree to these
Terms of Use ("Terms"). These Terms may be updated or modified by King
County at any time at its sole discretion. If you do not agree to these
Terms, do not access the Data or download any material from it.

1. King County grants you a limited, revocable license to use, reproduce,
and redistribute the Data in accordance with these Terms.

2. The Data is collected from various sources and will change over time and
without notice.

3. The Data is provided to you on an "AS IS" and "AS AVAILABLE" and "WITH
ALL FAULTS" basis without any warranty of any kind, express or implied,
including without limitation the implied warranties of merchantability,
fitness for a particular purpose, accuracy and non-infringement, nor shall
the distribution of this information constitute any warranty.

4. The Data is not intended to constitute advice nor is it to be used as a
substitute for specific advice from a professional. You should not act (or
refrain from acting) based upon information in the Data without
independently verifying the information and, as necessary, obtaining
professional advice regarding your particular facts and circumstances.

5. You use the Data at your own risk, and you assume the risk that the Data
may provide incorrect information to you, as well as the risk that any
material downloaded by you may cause loss of data or damage to your computer
system.

6. King County and its officials and employees assume no responsibility or
legal liability for the accuracy, completeness, reliability, timeliness, or
usefulness of any information available from the Data nor do they represent
that the use of any information will not infringe privately owned rights.

7. Should you use the Data for any purposes, you agree to provide the
following legend, prominently displayed: "Data provided by permission of
King County" unless otherwise agreed in advance by King County in writing.
Other than displaying this legend, you are not authorized to make any use of
any proprietary service marks of King County, including the King County
logo, or any confusingly similar variant thereof.

8. King County reasonably believes that making this Data available for your
inspection is not an infringement or other violation of any intellectual
property rights. To the extent copyright in said information is held by King
County, you are hereby permitted by King County to copy, distribute, store
(electronically or otherwise), create derivative works based on and perform
and display (publicly or otherwise) such Data, and make such Data available
to end users. However, the information made available from the Data may
contain material for which others may assert a copyright or other property
interest, and King County and its officials and employees make no warranty
or guarantee as to the ownership of any intellectual property or other
property interest contained in the information. Furthermore, King County
expressly disclaims any responsibility to defend or indemnify you against
claims which others may assert based on your copying, distribution, or other
use of any of the information.

9. King County reserves the right at any time to modify or discontinue
access to the Data (or any part thereof), temporarily or permanently, with
or without notice to you. You agree that King County will not be liable to
you for any modification, suspension, or discontinuation of access to the
Data.

10. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL KING COUNTY BE LIABLE FOR
ANY DIRECT OR INDIRECT DAMAGES, EVEN IF BOTH PARTIES ARE AWARE OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR
FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES,
HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN
TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR
USE OF THE DATA. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN
IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.

11. The invalidity of any term or provision of these Terms will not affect
the validity of any other provision. Waiver by King County of strict
performances of any provision of these Terms will not be a waiver of or
prejudice King County's right to require strict performance of the same
provision in the future or of any other provision of these Terms.

12. You agree to indemnify, defend and hold harmless King County and its
officers, directors, and employees from and against all fines, suits,
proceedings, claims, causes of action, demands, or liabilities of any kind
or of any nature arising out of or in connection with your use of the Data.

13. The exclusive jurisdiction and venue for any dispute, action, or suit of
any nature involving the Data and its content, including, but not limited
to, actions for injury to a person or property or infringement of
intellectual property rights, shall reside in either the Federal District
Court, Western District of Washington or the Superior Court of Washington
situated in King County, Washington. Washington and federal law, as
applicable, shall apply to all such matters.

14. These Terms constitute the entire agreement between the parties as to
their subject matter, and there exist no other additional or conflicting
terms, conditions or obligations between the parties relating to the use of
the Data. By clicking below, I agree to the King County Data Access Portal
Terms of Use and want to access the data.

Data Disclaimer:

King County provides links to third-party applications and sites that use
King County data for informational purposes to the general public. King
County does not warrant or support these applications or sites, nor does
King County endorse or sponsor these sites. King County is not affiliated or
associated in any way with these organizations. The content and views
expressed on these sites are not those of King County. You access and use
these links and applications at your own risk. Neither King County nor any
of its employees or agents shall be liable for your use of these links and
applications, nor shall they be liable for the accuracy of the information
or any actions taken as a result of using the information.

From: Jeff Meyer [mailto:jeff at gwhat.org]

Sent: Friday, November 16, 2012 11:47 AM
To: Moses, Ann
Cc: Smith, Nick

Subject: Recent Inquiry to King County Regarding King County's Data Policy

Hi Ann - 

Thanks so much for getting back to me. I'm writing back from the email
account that's relevant to my question. I'm working with improving the
quality and availability of free digital map resources for K-12 history
education.

My primary interest in the Data Policy involves the restrictions and
requirements for citing and reusing data provided by datakc.org
<http://datakc.org/> . Most federal government data is CC0, which means
users can do anything they want with the data, without the need to provide
reference or citation. I'm curious if King County has ever considered
adopting a policy like CC0 for its data. 

For example, if we were able to obtain permission to use King County GIS
data to support OpenStreetMap, King County's data would end up reaching a
much wider audience and the quality of OpenStreetMap's information would
also be improved. This data could still be referenced as a King County
source, but current requirements in the King County Terms of Use (found at:
http://www.kingcounty.gov/About/dataTermsOfUse.aspx) prohibit the storage
and rendering of data for these purposes (if I read the terms correctly,
particularly this section, "You may not publish, display, distribute or
commercially exploit any of the Web content or the Web site without the
prior written permission of King County.").

Is there any way around these requirements, to enable a freer reuse of King
County provided data?

Thanks,

Jeff

Jeff Meyer

Global World History Atlas

jeff at gwhat.org 

www.gwhat.org <http://www.gwhat.org/> 

twitter:GWHAThistory

206-676-2347

-- 
Jeff Meyer
Global World History Atlas
www.gwhat.org
jeff at gwhat.org
206-676-2347

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/imports/attachments/20121211/c6a90beb/attachment-0001.html>