[OSM-legal-talk] Advice regarding terms from an agency

Pekka Sarkola pekka.sarkola at gispo.fi
Thu Jan 24 09:50:38 GMT 2013



I see here a path: first Ordnance Survey open their geodata, then National
Land Survey of Finland and Dutch Kadastre followed. Next one is Iceland and
other countries. 


All those mapping agencies give different license for their datasets. NLSFI
has following:


As far I know, all those mapping agencies will allow OSMers to take their
data sets and import to be part of OSM. 


IANAL and IMHO: local OSM mappers should decide if license is ok with OSM
licenses, then add information to Contributor pages and then guideline local
OSMers how to benefit local data sources. And this have to be done in very
fast mode.


There is other alternatives, but I prefer mine ;-)


Other possibilities:

·         OSM Board/OSM Foundation Board/OSM Legal team will read and
accept/deny those mapping agency contracts. They also guide how to use data
and what will be include in Contributor’s page. My opinion: we don’t have
that kind of legal resource to handle all situations. This is also very
bureaucratic and slow way to do it. Local OSM mappers will use free datasets
with or without permission: this is already happening in Finland.

·         We don’t care about Contributor’s datasets: at least in Finland
OSM will then be marginalized. My opinion: if we can get baseline from
somewhere we can focus to make updates to OSM and keep it as best local
source of the (geo)data.






---   Pekka Sarkola  -  pekka.sarkola at gispo.fi  -  www.paikkatieto.com   ---


Lähettäjä: Svavar Kjarrval [mailto:svavar at kjarrval.is] 
Lähetetty: 23. tammikuuta 2013 18:40
Vastaanottaja: Licensing and other legal discussions.
Aihe: [OSM-legal-talk] Advice regarding terms from an agency



The National Land Survey of Iceland has made their data free of charge and
offer them as downloads. It spans numerous datasets which would be
invaluable to the mapping progress in Iceland. However, there are terms
which must be agreed before access can be legally obtained. The terms state
that a distribution and publication permission is required for every further
distribution or publication. I've talked to them today and the ministry to
drop this condition in the terms and the director of the agency offered what
I discuss in the next paragraph.

The director of the agency responded to an e-mail I sent and has said
attribution in the Contributor's page
(http://wiki.openstreetmap.org/wiki/Contributors) suffices. The terms as
they are now do state all derived works need a copyright symbol and the name
of the agency (unless the agency asks otherwise, which I think they will
invoke in our case). But the agency also wants the terms to be displayed on
said wiki page, including the condition that a special permission must be
obtained for every further distribution or publication of those who retrieve
data (for Iceland) from the OSM database.

I suspect that such a condition is not in the spirit of open data but
nevertheless I decided to inquire about it anyway. Would such a condition
for data be acceptable for data contributions? If the terms would be on the
wiki page, would they be legally binding for whoever downloads the data?

The terms are displayed at http://www.lmi.is/almennir-skilmalar/ so you can
get the full picture. There should be a Google Translate option at the top
of the page.

With regards,
Svavar Kjarrval

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