[Imports] Import of pharmacies in Catalunya, Spain.

[mail at marcos-martinez.net]

Hi Mateusz and Frederik, 

I want to believe we share the same goals which means that whether it is
urgent or not to include specific data in OSM: if we can achieve the
complete coverage of something so useful as all pharmacies within a
whole territory, we should make en effort to get it done, so I´d like to
keep the discussion a little more constructive. 

We from the Catalan OSM community have started this import fully
convinced that the permission from the data owner, the Generalitat de
Catalunya, was OSM compatible, which is why we began importing right
away. Luckily, there is a whole bunch of very experienced and
enthusiastic mappers in this community and If there had been the
slightest doubt regarding licence compatibility this wouldn´t have
happened. Now, it looks you and Mateusz DO have doubts, so let´s try to
sort this out on a legal basis (please note I am not a lawyer or license
export, I´m just trying to understand). The text basically states that: 

Full textaccesible in the below link: 

https://portaljuridic.gencat.cat/ca/pjur_ocults/pjur_resultats_fitxa/?action=fitxa&mode=single&documentId=680124&language=ca_ES


_17.1 The reuse of public information is free and not subject to
restrictions, except in cases where, by regulation, it is subject to
obtaining a Creative Commons recognition license, by reason of the
protection of other rights or legal assets, or at the prior request of
the interested party._ 

-> I understand that on the web page for open data, where there are
literally hundreds of downloadable datasets, those who are protected by
Creative Commons would be identifiable, otherwise it would mean that the
general public using them would have to explicitly ask for the correct
attribution of each and every individual dataset. I believe this doesn't
make sense and thus the default is "free and not subject to
restrictions". 

Article 7.2 underlines this view: 

_2. The principle of transparency should be interpreted and applied in
all cases in a preferential manner. Any limitation on the application of
the principle of transparency must be based on a limit or exception
expressly established by a rule with the status of a law._ 

If you consider this assumption is not enough please provide an example
of what kind of response we need to request from the Catalan Government.


_17.3 It must be ensured that the reuse process does not alter the
content of the reused information or distort its meaning, and the source
of the data must be cited and the date of the last update indicated._ 

-> We believe we haven't altered the information, much less distortet or
"unnaturalized" it. We have strictly adapted it to the OSM tagging
fields, we have cited the source and indicated the last update. We even
have included the Government reference so it can be easily traced back
to the original data. 

This is also strictly in line with article 16.2, which states in
reference to data reuse: 

_Public information can be re-used for any lawful purpose, especially
the reproduction and dissemination by any means of the data that are the
object of public information and the CREATION OF VALUE-ADDED INFORMATION
PRODUCTS OR SERVICES BASED ON THESE DATA._ 

Summing up: We are using data that is not identifiable as Creative
Commons in order to share it on an open and free platform as OSM,
without altering the information but rather adapt it, providing source
and update data, and by doing this we are providing value-added
information. Not only this, in addition we have recieved explicit
congratulations from the Government opendata twitter account for the
good job. 

If you are as interested as we are to get this (and other) very valuable
onto the best map there is: What else do we need? What would be your
approach? I hope not stating "we are just sitting at home with nothing
else to do". The least thing we want is to harm OSM. Let´s first sort
the legal part out so it may serve as a robust process for coming
imports and discuss the technical part right after that, also commenting
individual changesets if necessary. 

Good night, Marcos Martinez y Freund
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