[Imports] Fwd: Marin County data license

Apollinaris Schöll aschoell at gmail.com
Fri Oct 31 16:59:18 UTC 2014


yes because of this all such data in California is public domain. There is
another case against Santa Clara county a few years back.

But not all GIS data is public domain. If a company creates it and provides
a license to the state, a county or city then it's a different story
because the company may have a copyright on the data. Or if someone takes
the public domain data they can attach their own license. (this is what an
upload to osm will do)

and this sentence can be interpreted as Serge did but to me it is clearly a
MUST under the condition that you mention MarinMap. If you don't mention
MarinMap the data can be used. If you mention MarinMap then also add this
disclaimer.

You may acknowledge “MarinMap” as the original source, but you MUST state
that MarinMap has no responsibility or warranty regarding data after they
have entered the public domain.





On Fri, Oct 31, 2014 at 4:51 AM, Carl Anderson <carl.anderson at vadose.org>
wrote:

> I think that California's Public Records Act may have some bearing,
> limiting the restrictions that can be placed on the data by Marin County.
> That Public Records Act seems to indicate that the GIS data is Public Data.
>
> Sierra Club vs. Orange County
> http://www.courts.ca.gov/opinions/archive/S194708.PDF
>
>
> http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270
>
>
> C.
>
> On Fri, Oct 31, 2014 at 7:14 AM, Dan S <danstowell+osm at gmail.com> wrote:
>
>> Serge,
>>
>> It reads to me as if the "must" is a condition on the use of the name
>> "MarinMap", not a condition on the use of the data.
>>
>> Best
>> Dan
>>
>>
>> 2014-10-31 11:08 GMT+00:00 Serge Wroclawski <emacsen at gmail.com>:
>> > The minute you use the word "MUST", it's not a request, it's a demand.
>> > If the data was public domain, there would be no restrictions.
>> >
>> > Also, no where on the page does it use the word "Public domain", nor
>> > in any of the data I downloaded, does it have a license listed.
>> >
>> > Therefore it falls back to plain old copyright.
>> >
>> > - Serge
>> >
>> > On Fri, Oct 31, 2014 at 7:06 AM, Martin Koppenhoefer
>> > <dieterdreist at gmail.com> wrote:
>> >>
>> >> 2014-10-31 11:54 GMT+01:00 Serge Wroclawski <emacsen at gmail.com>:
>> >>>
>> >>> So let me explain why it's contradictory. Public domain is a term of
>> >>> art. If something is public domain, you can place *no* restrictions on
>> >>> it. You can't say that there's a requirement for attribution. You can
>> >>> even take a public domain work and claim copyright ownership over it.
>> >>
>> >>
>> >>
>> >> Serge, by looking at their reply I'm not sure it contains any
>> restrictions:
>> >>
>> >>> "You may download public domain data from the MarinMap GIS data
>> download
>> >>> site.
>> >>>
>> >>> You do not need a license to use public domain data.
>> >>>
>> >>> You may acknowledge “MarinMap” as the original source, but you MUST
>> state
>> >>> that MarinMap has no responsibility or warranty regarding data after
>> they
>> >>> have entered the public domain.
>> >>>
>> >>> You may use the legalese from the disclaimer web page to facilitate
>> >>> writing a disclaimer.
>> >>>
>> >>> URL of the disclaimer page:
>> >>> http://www.marinmap.org/dnn/Pages/LegalNoticeDisclaimer.aspx"
>> >>
>> >>
>> >>
>> >> They say you might (even though you don't have to) attribute them, but
>> if
>> >> you attribute you must make clear that there is no implied warranty.
>> >>
>> >> On the linked page they also state: "Most map data, especially
>> parcels, are
>> >> not survey precise."
>> >> this is a hint that the quality might not be as good as what we
>> typically
>> >> have in OSM (at least in areas which haven't suffered from bad imports)
>> >>
>> >> cheers,
>> >> Martin
>> >
>> > _______________________________________________
>> > Imports mailing list
>> > Imports at openstreetmap.org
>> > https://lists.openstreetmap.org/listinfo/imports
>>
>> _______________________________________________
>> Imports mailing list
>> Imports at openstreetmap.org
>> https://lists.openstreetmap.org/listinfo/imports
>>
>
>
> _______________________________________________
> Imports mailing list
> Imports at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/imports
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/imports/attachments/20141031/dcbdb508/attachment.html>


More information about the Imports mailing list