[OSM-legal-talk] Is DAFIF data suitable for OSM?

Jon Burgess jburgess777 at googlemail.com
Sun Jan 28 23:23:30 GMT 2007


I see the DAFIF data is mentioned on
http://wiki.openstreetmap.org/index.php/Potential_Datasources#DAFIF 
so is it OK to upload data derived from this source?

I see two possible issues with this data:-
1) The licence/copyright which seems suitable to me, but IANAL.
2) The publishers (NGA) pulled the data from public distribution in
October 2006. 

I have a copy of the DAFIF data which I downloaded while it was still
available. The copyright notice which accompanied the data is attached.

The DAFIF data includes details on airport locations and runways for
over 10,000 airports around the globe so looks like a potentially
valuable data source for OSM. 

	Jon


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1.  The DAFIF, or the "Digital Aeronautical Flight Information File," is a 
product of the National Geospatial-Intelligence Agency ('NGA') of the United
States Department of Defense ('DOD'). Although NGA makes no copyright
claim under Title 17 U.S.C., NGA claims copyrights under other legal regimes.
NGA hereby grants to each user of DAFIF a license to use and distribute the
product, and develop derivative works.

2.  The product name --  DAFIF  -- is a registered trademark of the National;
Geospatial-Intelligence Agency, and may only be used to refer to the source of
the data.

3.  NGA requests that products developed using DAFIF acknowledge the
source of the data with the following statement:

			"This product was developed using DAFIF, a product
			of the National Geospatial-Intelligence Agency."

4.  When product developers and other customers acknowledge DAFIF as the
source of the data, please be aware that under the United States Code, 10
U.S.C. 425, the names of the National Imagery and Mapping Agency or the
former Defense Mapping Agency, their respective initials, or seals cannot
be used to imply that a product is approved, endorsed, or authorized by the
Secretary of Defense.

    Fortunately, a simple disclaimer to the effect that, "This product has not
been endorsed or otherwise approved by the National Geospatial-Intelligence Agency or the former National Imagery and Mapping Agency, or the United States Department of Defense (10 U.S.C. 425)," is sufficient to resolve any ambiguity.

5.  NGA and its personnel are not required to provide technical support or
general assistance with respect to DAFIF.

6.  Finally, NGA requires that product developers and manufacturers include
warranty disclaimers as follows:
	
a.  Under 10 U.S.C. 456, no civil action may be brought against the United
States on the basis of the content of a navigational aid prepared or
disseminated by either the former Defense Mapping Agency (DMA),
National Imagery and Mapping Agency (NIMA)or the National Geospatial-Intelligence Agency (NGA).

	b.  The DAFIF product is provided "as is," and no warranty, express or
implied, including, but not limited to the implied warranties of
merchantability and fitness for particular purpose or arising by statute or 
otherwise in law or from a course of dealing or usage in trade, is made by
NGA as to the accuracy and functioning of the product.
	
	c.  Neither NGA nor its personnel will be liable for any claims, losses, or
damages arising from or connected with the use of this product.  The user
agrees to hold harmless the United States National Geospatial-Intelligence
Agency.  The user's sole and exclusive remedy is to stop using the DAFIF
product.  


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