[OSM-legal-talk] auckland city council copyright notice
Francis Davey
fjmd1a at gmail.com
Mon Nov 1 08:17:28 GMT 2010
On 31 October 2010 23:29, Robin Paulson <robin.paulson at gmail.com> wrote:
> the auckland city council has this as its copyright notice. how
> compatible would this be with cc-by-sa, or odbl?
>
> http://www.aucklandcouncil.govt.nz/en/pages/Copyrightstatement.aspx
>
It doesn't look to be.
> if it isn't, which items are incompatible?
>
As Richard says, its not at all well drafted. One sentence appears to
give you a right only to download copies for non commercial use, the
next few sentences appear to be a more general right to reproduce,
without that restriction. Its possible a court could construe this to
mean the licence is intended to be a non-commercial one, but that is
unclear.
More crucially, it grants a licence to reproduce not to adapt or
perform (both of which are granted by CC-BY-SA) and it restricts
"misleading" use which may not be the same thing as the distortion
forbidden by CC-BY-SA clause 4(d).
Data is more tricky - I'm not familiar with NZ case law on database
copyright etc, but I think ODBL might similarly be problematic.
--
Francis Davey
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