[OSM-legal-talk] Montevideo, Uruguay's Map Data Released, Can we put it in OSM?

[evan]

Hey legal folks,

A number of us have been working with the various local and national
government agencies in Uruguay to try and get the government to
release it's map data. This includes people within the government,
mostly techies who like free software, and the very small community of
folks, half a dozen at most, who've been contributing to OSM's maps of
Uruguay.

Just this past week, the Montevideo Departmental government released
it's cadastral maps.

http://intgis.montevideo.gub.uy/sit/index.htm

The thing is, on the page where the maps are published, as pdf's,
there's a note:

     "Derechos reservados. Se permite su reproducción total o parcial
con fines no comerciales, citando la fuente."

     My translation: "Rights Reserved. Permission granted for
non-commercial use including total or partial republication, with the
source cited. "

That statement, would seem to state that, the non-commercial use
clause, would prevent the maps from being included in OSM. The thing
is, when asked, can we publish this in OSM, the folks releasing the
data say, yes, OSM can have and use it as it sees fit. Perhaps they
don't know that there are commercial uses of OSM data.

Then, beyond that single line on the web page, they link to the
resolution, passed, specifically to release this data.

http://monolitos.montevideo.gub.uy/resoluci.nsf/de053405568724cf832575ae004f0467/7adaf8ec8d70033b832576d60041760f

It seems to me, the officially passed resolution should take
precedence over text on the page linking to the released maps, but i'm
not sure. I'm not going to translate the whole resolution, it's a page
long, and translating legal spanish to legal english is probably
something i'd mess up anyway. It's a basic open data law, which
doesn't state commercial or non-commercial use restrictions, either
way.

My question is, what do we need to get, beyond the people releasing
the data, saying so in conversations, that it's ok to import the data
in to OSM?

-evan