[OSM-legal-talk] Licence compatibility: Open Data Licence for The Regional Municipality of Peel (Version 1.0)

[Simon Poole]

As Robert has pointed out: the difference is between taking the  licence
(OGL) as a licence to include stuff you can't licence :-) :-)  and the
normal case were the Licensor typically would not include material for
which they don't have the necessary rights except for honest mistakes
and fraud. Naturally in both cases you end up without a licence but
there is a bit of a difference in flavour. 

Now, I believe I can say this for the whole open data community, we tend
to be a bit happy go lucky about checking these things, but I hope OSM
is a bit better than most other projects.


Simon

Am 09.09.2016 um 19:19 schrieb Luis Villa:
> Can you elaborate on the second point, Simon? Are you referring to the
> "third party rights the Information Provider is not authorised to
> license" language? If so, I'm afraid they've merely made explicit what
> is implicit in all licenses - if there is third party material in a
> work that the open licensor isn't authorized to license, then that
> material isn't licensed to you, regardless of what the license says.
>
> Luis
>
> On Thu, Sep 8, 2016 at 1:56 PM Simon Poole <simon at poole.ch
> <mailto:simon at poole.ch>> wrote:
>
>
>     The additional terms are "a bit of" a problem, however might be
>     surmountable if they are willing to give us a statement
>     specifically for the inclusion in OSM (along the lines of that
>     they agree that the inclusion of the data in OpenStreetMap and
>     distribution on terms of an open and free licence fulfils the
>     conditions).
>
>     All variants of the OGL have a further issue in that you actually
>     have to verify that the Licensor has the necessary rights to
>     licence -all- the material in their dataset to you on these terms.
>     This might seem like a theoretical hurdle invented by me, alas it
>     is not, as some of our UK colleagues can testify.
>
>     Simon
>
>
>     Am 08.09.2016 um 21:05 schrieb Stewart Russell:
>>     Hi - this came up on talk-ca, and I want to make sure I'm not
>>     being too restrictive.
>>
>>     Licence is a near clone of the UK OGL 1.0. Full text is here:
>>     http://opendata.peelregion.ca/terms-of-use.aspx
>>     Like many Canadian municipalities, they've added their own secret
>>     sauce, unfortunately. In the "You must" section, they added:
>>
>>     [You must] ensure that Your Use of the Information does not
>>     breach or infringe upon any applicable laws
>>
>>     The OGL has automatic termination on breach, and most versions
>>     don't include this clause.
>>
>>     Would this term potentially add complications for anyone
>>     downstream using the data - say to plan a public protest that
>>     authorities deem illegal?
>>
>>     The Regional Municipality of Peel's open data person is an active
>>     OSM participant, and they say that it might take time for
>>     permission to use the data under a more OSM-friendly library.
>>
>>     Your advice greatly appreciated.
>>
>>     Best Wishes,
>>      Stewart
>>
>>     -- 
>>     http://scruss.com/blog/ - 73 de VA3PID
>>
>>
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