[Imports] Import der IENC-Kartendaten der Wasser und Schifffahrtsverwaltung des Bundes

[Andre Grueneberg]

Christian Wegerhoff wrote:
> >The data might look free, but some of the clauses in the AGB might be
> >hard to fulfill by OSM
> The AGB http://elwis.de/misc/agb_ienc.html at 4.1 (1) 2./3./5. clearly
> state the right to 
...
> It is appropriate to assume, that the author intended to grant the
> free use of the data. 

Agreed, that's the intention. Unfortunately licenses are not only about
intentions. I ask you, why do they choose to use this license over e.g.
ODbL? There must be reasons.

> 4.2.5 and 4.2.8 are typical safeguards referring to common regulations

... so they need to be adhered ... can OSM guarantee this?
 
> 4.2. 7. aims to the disclosure of the data to third party. It does not
> match the right to change, integrate and rework the data to a new
> product.  I interpret that it applies to the unmodified data and does
> not apply to new products resulting from a merge, like OSM.
> 
> As 4.1 clearly states the right to integrates the data into public
> networks, it is reasonable to assume that 4.2 does not intend to
> exclude OSM.

public networks for me reads as "Internet", but the clause is about
"workflows, applications and products" ... I am not sure whether
"products" includes "databases under different license". The tone of 4.2
7. makes me believe this is not the case.

IANAL, but I'm afraid you're not either. As much as I'd like to see the
data in OSM (it describes the planet and the data is of presumably high
quality), I preferred things to be rather clarified.

The problem about proprietary open-data licenses: well-intentioned is
often the opposite of well done.

> > You should explicitly ask the WSV to provide the data under ODbL or
> > get the permit for import into OSM under the ODbL in writing.
> I asked explicitly for the import into OSM and if OSM was known to the
> WSV. The answer was "Yes, why not. Just accept the AGB when
> downloading." I asked for a short writing, but he did not like that
> question. He said, he could not send an e-mail to everyone, who wants
> to use these data.

But that's what they ask for in the preamble?! "Alternative rules are
only accepted if agreed in writing ..."

Andre
-- 
Yesterday was the deadline on all complaints.
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