[OSM-legal-talk] Hampshire Rights of Way Data released under OSOpenData licence
reviews at pacific-rim.net
Thu May 31 23:11:12 BST 2012
On talk-gb Nick Whiteleg recently announced what initially seemed to be
some good news , that Hampshire County Council have released their Rights of
Way data under the OS OpenData licence.
However, my initial thoughts, and those of Robert Whittaker, was that this
might not seem as good news as at first appeared, because the OS OpenData is
not compatible with ODbL, and OSM had to seem explicit permission from OS
for the use of their data to be covered by OSM's ODbL licence. Since this
explicit agreement only covered the OS products, it seemed to be, and
Robert, that this could not be extended to the Hampshire County Council
(HCC) Rights of Way (ROW) data.
I did have one further thought, which was that I could not see how HC ROW
data could be released under the OS OpenData (OSOD) licence, since the OSOD
licence is quite explicit in that in covers "use of OS OpenData made
available at https://www.ordnancesurvey.co.uk/opendatadownload/products.html
and at http://data.ordnancesurvey.co.uk/ ", and its difficult to see how
this could cover HCC data.
However I am now wondering if the statement on HCC web site  "The data
has been published as Open Data under the Ordnance Survey Open Data
Licence." is in fact a slightly badly worded statement.
A possible scenario which occurs to me is as follows:
HCC used OS Opendata to derive the HSS ROW data. By this I mean that HCC
used the OS VectorMapDistrict rasters, over which they then drew the ROW
data which HCC had from their definitive statements.
By doing this HCC were bound by the terms of the OSOD licence.
When HCC state "The data has been published as Open Data under the Ordnance
Survey Open Data Licence" I wonder what they actually mean is something
along the lines of "The data has been published as Open Data with the
additional provisions required under the Ordnance Survey Open Data Licence".
If this scenario is correct, then it would seem to me that the data is OK to
use in OSM. But it would need clarification from HCC that this is what they
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