[OSM-legal-talk] Australian Government Data

[Simon Poole]

The LWG is working on a statement wrt CC-BY 4.0 compatibility and is in
direct contact with Creative Commons.

I suspect that we will have something in latest a couple of weeks,
including a template waiver/statement that we will need for such sources.

Simon

Am 09.01.2017 um 03:07 schrieb cleary:
> After previous discussion in the legal-talk and talk-au lists, I made
> further approaches to the Australian Department of Prime Minister and
> Cabinet regarding access to data published on data.gov.au including the
> PSMA Administrative Boundaries.
>
> Today I received a reply. The full letter is reproduced below.
>
> In particular, note the statement that "we can confirm that CC BY 4.0
> allows OpenStreetMap to apply its own licence (in this case, ODbL) to
> its product. We can also confirm that attribution on the OpenStreetMap
> contributors page would be sufficient to meet the attribution
> requirements of the licence." 
>
> While I don't seek to extrapolate this statement to all CC BY 4.0
> licensed data from other sources, it seems clear that this statement
> from the authorised person in Australia's Department of Prime Minister
> and Cabinet, would be sufficient for us to use the relevant Australian
> Government data in OSM. With OSM supported by such a statement, I find
> it difficult to see how the Australian Government (or anyone else) could
> later try to say we do not have the necessary permission to use the
> data.
>
> In my correspondence to the Government, I referred to the Contributors
> page of the wiki, and I would reasonably take the response to refer to
> this page.
>
> I had previously undertaken that any response from the Australian
> authorities would be submitted to the legal-talk list for 
> consideration. I will defer posting to talk-au list until I have
> feedback from legal-talk.
>
>
> _______________________________________________________
>
>
>
> Australian Government
> Department of Prime Minister and Cabinet
>
> Ref: EC16-002146
>
>
>
> Mr Michael Cleary
> OpenStreetMap
> ......
> (private address removed)
>
>
>
> Dear Sir
>
> Thank you for your letter of 21 November 2016 regarding the publishing
> of government data on OpenStreetMap. The Secretary has asked me to reply
> on his behalf. Public data policy matters fall within my
> responsibilities.
>
> The current policy on licensing for government data is covered by the
> Guidelines on Licensing Public Sector Information for Australian
> Government Entities, which is published by the Department of
> Communication and the Arts. This policy states that public sector
> information should be released free of charge under a Creative Commons
> 'BY' 4.0 licence (CC BY 4.0). The CC BY 4.0 licence is an open licence
> that is intended to enable the use, reuse and commercialisation of open
> government data. Consistent with this policy, the PSMA Administrative
> Boundaries have been published under this licensing framework.
>
> Due to the large number of datasets on data.gov.au and. in some
> instances, obligations on the government due to its licensing
> arrangements with its data suppliers, we are unable to amend the licence
> terms, or provide exemptions on an individual basis.
>
> However, we can confirm that CC BY 4.0 allows OpenStreetMap to apply its
> own licence (in this case, ODbL) to its product. We can also confirm
> that attribution on the OpenStreetMap contributors page would be
> sufficient to meet the attrtibution requirements of the licence.
>
> We understand that licence terms can be complex and legalistic. There
> are several processes underway across government to improve data
> accessibility and address any barriers to use. The Productivity
> Commission's draft report on its Inquiry into Data Availability and Use
> discusses how public sector licensing arrangements can have limitations
> on the use of government data. Specifically, chapter three discusses
> issues relevant to your request. The draft report can be downloaded from
> http://www.pc.gov.au/inquiries/current/data-access/draft. The Final
> Report is due for release in March next year, and the Government will
> respond in due course to the recommendations put forward.
>
> The Department of Prime Minister and Cabinet is also undertaking public
> consultation to gather information on the datasets Australians want
> access to, and any issues they face in using them, including licensing.
> I encourage you to contribute to this consultation through the online
> survey at
> http://thesource.dss.gov.au/unlocking-australias-high-value-data/survey_tools/unlocking-australias-high-value-data-survey/
>
> I hope this information has been of assistance.
>
>
> Yours sincerely
>
>
> Steven Kennedy
> 22 December 2016
>
> _______________________________________________
> legal-talk mailing list
> legal-talk at openstreetmap.org
> https://lists.openstreetmap.org/listinfo/legal-talk


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