[OSM-legal-talk] Okay to trace from public-domain USGS DOQs?

Frederik Ramm frederik at remote.org
Wed Feb 11 20:27:56 GMT 2009


Russ,

   you're basically asking whether a PD source retains its PD status 
even if channeled through a number of probably non-PD services.

This is no different from the question: If the OSM database is licensed 
"X", and if I put some data in there which is PD, can someone else then 
extract this from OSM as PD, or will he extract it as "X"?

A co-worker of yours, CloudMade's very own Andy Allan, had this to say 
about the topic:

"I'm not sure what makes you think that any data you take from the
OpenStreetMap database could possibly not be covered by the CC-BY-SA
license. [...] if a contributor (including bulk uploaders) is/are 
willing to *also* put a copy of their data into the public domain, then 
you should enquire from them to receive a copy of their data duly
licensed [...] just because vast amounts of OSM data came from TIGER 
doesn't mean that any of that data in OSM is still public domain."

(quotes from 
http://lists.openstreetmap.org/pipermail/legal-general/2008-November/000073.html)

I am leaning towards your interpretation of things; PD stuff remains PD 
even if conveyed through non-PD means. However, be aware that if you 
extract information from USGS data as conveyed by Microsoft and still 
treat it as public domain, you would also have to agree to other people 
extracting TIGER information as conveyed by OpenStreetMap.

(Also: What if Microsoft insert Easter Eggs and claim they're a work of 
art?)

Bye
Frederik

-- 
Frederik Ramm  ##  eMail frederik at remote.org  ##  N49°00'09" E008°23'33"




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