[OSM-legal-talk] Fwd: Regarding the use of CC-BY datasets on data.gov.ie by OpenStreetMap Ireland

Dave Corley davecorley at gmail.com
Tue Apr 12 21:12:46 UTC 2016


Folks,

Please see the responses below from the Dept of Public Expenditure and
Reform which run the open data portal for the Irish government at
data.gov.ie

Can you please confirm that the response below is enough to begin using the
datasets from that site for OSM.

I believe it covers all the normal questions that arise from CC-BY licensed
data but want to be sure before I announce to the Irish OSM community.

Cheers,
Dave (DaCor)


---------- Forwarded message ----------
From: Opendata <opendata at per.gov.ie>
Date: Tue, Apr 12, 2016 at 3:13 PM
Subject: RE: Regarding the use of CC-BY datasets on data.gov.ie by
OpenStreetMap Ireland
To: Dave Corley <davecorley at gmail.com>, Opendata <opendata at per.gov.ie>


Hi Dave,



Regarding your email, please see the comments in red below.





1. As the Dept. responsible for data.gov.ie, do you accept that this method
of attribution meets the requirements of the CC-BY licence applied to
datasets released by any and all current and future publishers on
data.gov.ie?



CC-BY is the recommended licence for Ireland’s Open Data Initiative. It is
intended that the Open Data portal will only include appropriately licensed
datasets. However, the Technical Framework
<https://data.gov.ie/technical-framework> allows for a transitional phase
where datasets already on the portal are given time to migrate to CC-BY.



*Regarding Attribution (and the avoidance of attribution stacking):*

The Technical Framework notes that under the CC-BY Licence, users must
acknowledge the source of the Information in their product or application.
Where the Information Provider does not provide a specific attribution
statement users should include, or link to, this attribution statement:
“Contains Irish Public Sector Data licensed under a Creative Commons
Attribution 4.0 International (CC BY 4.0) licence”. If using data from
several Information Providers and listing multiple attributions is not
practical in a product or application, users may include a URI or hyperlink
to a resource that contains the required attribution statements. It seems
reasonable to use http://wiki.openstreetmap.org/wiki/Contributors as such a
resource. Unless a specific attribution statement is provided, it would be
fair to use the general statement as set out in the Technical framework.



*Regarding what is covered by CC-BY:*

The licence deed for CC-BY is available at
https://creativecommons.org/licenses/by/4.0/. This deed notes that users
may:



·       Share — copy and redistribute the material in any medium or format,
or

·       Adapt — remix, transform, and build upon the material for any
purpose, even commercially.



*Regarding modification of data:*

Section 3.a (Licence Conditions – Attribution
<https://creativecommons.org/licenses/by/4.0/legalcode>) of the CC-BY
licence legal code stipulates that users must indicate if they modified the
licensed material and retain an indication of any previous modifications.



The licence deed summarises the terms for attribution — “You must give
appropriate credit, provide a link to the licence, and indicate if changes
were made. You may do so in any reasonable manner, but not in any way that
suggests the licensor endorses you or your use”.



Once these conditions are satisfied, it is reasonable to assume compliance
with datasets licensed as CC-BY.



2. If you deem this is an acceptable method to acknowledge attribution, is
this acceptance enough to cover all current and future publishers using
data.gov.ie to disseminate their data or is individual permission required
from each and every current and future publisher?



A requirement for publication through the Open Data portal is that datasets
are associated with the recommended Open Data licence. Therefore, it is
reasonable to assume that any data published through the portal in the
future will be so associated. The Technical Framework is a living document
that will be expanded upon as technologies and practices evolve, so
licences may also change, if more appropriate standard ones are developed.
However, you can be sure that the Open Data Initiative will not move to a
more restrictive licence.



Please note that Technical Framework’s disclaimer that:



All data linked to the Open Data portal is published “as is”. The
Information is licensed 'as is' and the Information Provider and/or
Licensor excludes all representations, warranties, obligations and
liabilities in relation to the Information to the maximum extent permitted
by law.



The Information Provider and/or Licensor are not liable for any errors or
omissions in the Information and shall not be liable for any loss, injury
or damage of any kind caused by its use. The Information Provider does not
guarantee the continued supply of the Information.



Please let me know if you need any further comments.



Regards

Martin





*From:* Dave Corley [mailto:davecorley at gmail.com]
*Sent:* 11 April 2016 18:29
*To:* Opendata
*Subject:* Regarding the use of CC-BY datasets on data.gov.ie by
OpenStreetMap Ireland



Hi,



I am looking for clarification as required by OpenStreetMap in relation to
the use of datasets on data.gov.ie which are released under CC-BY terms.
This clarification is being sought on behalf of the Irish OpenStreetMap
community - http://www.openstreetmap.ie/



The CC-BY licence requires that attribution be given where the data is
consumed. In the case of OpenStreetMap, as the data is essentially in a
wiki state (editable by anyone at any time), what has be done in past
instances is to list larger data contributors on the Contributors webpage -
http://wiki.openstreetmap.org/wiki/Contributors



What I would like clarification on is as follows:



1. As the Dept. responsible for data.gov.ie, do you accept that this method
of attribution meets the requirements of the CC-BY licence applied to
datasets released by any and all current and future publishers on
data.gov.ie?



2. If you deem this is an acceptable method to acknowledge attribution, is
this acceptance enough to cover all current and future publishers using
data.gov.ie to disseminate their data or is individual permission required
from each and every current and future publisher?



Given that there are numerous datasets on data.gov.ie which the Irish
OpenStreetMap community would like to start using immediately but cannot
proceed until the above clarifications are provided, a prompt response
would be greatly appreciated.



If you have any questions regarding the above, please do not hesitate to
contact me.



Thanking you,

Dave Corley

OpenStreetMap Ireland Contributor
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