[OSM-legal-talk] [talk-au] ACT CC BY waiver

[Simon Poole]

Am 30.05.2017 um 12:04 schrieb Andrew Harvey:
> ....
> This is what they've said:
>
> "I have discussed this with our legal section and we are not in a
> position to waive the conditions of CC BY, as it goes against the ACT
> Government Open Data Policy that supports free and open data.
>
> My interpretation of those emails
> [https://wiki.openstreetmap.org/wiki/Attribution/Australian_Capital_Territory]
> are that we permitted OSM to use the data under the terms and conditions
> of the CC BY licence, however you are now seeking to waive one aspect of
> the CC BY licence to enable OSM to apply a technical protection measure,
> and we are not prepared to waive that condition."
>
> Feels a bit ironic to me that we can't use this data in OSM since using
> it in OSM would go against their open data policy!
I can give them a longer explanation and rationale behind the request,
however the short version is

- the ODbL has a similar requirement that disallows "technical
protection measures" however it allows parallel distribution of the
database as a method to satisfy the requirement (see 4.7 a and b), so
there is no question of us or any downstream consumer of OSM data
denying access to our data/the ACT data via DRM (actually after reading
the response, I suspect that they don't actually have the slightest idea
what OSM is).
- the ODbL allows for derived works that themselves are not databases,
typically maps, to be licensed on any terms that are compatible with the
attribution requirements of the ODbL. This naturally allows such a
produced work to be technically protected etc., however the original OSM
data will continue to be available on ODbL terms, so again not a
question of denying access to it. CC BY does not differentiate between
such uses and a non-data derivative would be treated exactly the same as
a dataset.

Simon

-------------- next part --------------
A non-text attachment was scrubbed...
Name: signature.asc
Type: application/pgp-signature
Size: 488 bytes
Desc: OpenPGP digital signature
URL: <http://lists.openstreetmap.org/pipermail/legal-talk/attachments/20170530/1dcbffcd/attachment.sig>