[OSM-legal-talk] CC-IGO compatibility with OSM

[Simon Poole]

Without getting in to the complications of a custom variant of a 
"standard" licence (the actual text of the licence would be required for 
that), CC-BY licences that have a clause not allowing downstream DRM 
(and other similar use restrictions) are not compatible with the ODbL 
and you would need to obtain a waiver for the respective clauses in any 
case.

See https://wiki.osmfoundation.org/wiki/Licence/Licence_Compatibility 
and https://blog.openstreetmap.org/2017/03/17/use-of-cc-by-data/

Simon

Am 29.11.2021 um 04:30 schrieb Dolf Andringa:
> Hi all,
>
> In the OSM Philippines group there has been some discussion about a 
> dataset with municipal boundaries and it's compatibility with OSM. 
> This dataset traditionally has been prohibited from being used in OSM 
> by the Philippine government after requests by OSM-PH community 
> members. Multiple attempts have been made, and even a version of the 
> data that had been published by NOAH after a joint project with the PH 
> government, had to be taken down again after the government's request.
> Recently though, the same dataset was published by OCHA Philippines, a 
> UN project:
>
> https://data.humdata.org/dataset/philippines-administrative-levels-0-to-3?#metadata
>
> The metadata explicitly states that the data originated from the 
> Philippine government (NAMRIA and PSA are government agencies), and 
> publishes it under the "Creative Commons for Intergovernmental 
> Organisation" (CC BY-IGO) license.
> The summary of that license explicitly states:
>
>     Under the CC BY-IGO license, you are free to share (copy and
>     redistribute the material in any medium or format) and or adapt
>     (remix, transform, and build upon the material) for any purpose,
>     even commercially. The licensor cannot revoke these freedoms as
>     long as you follow the license terms. The license terms are that
>     you must give appropriate credit, provide a link to the license,
>     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. Additionally, you may not apply legal terms or
>     technological measures that legally restrict others from doing
>     anything the license permits. When the Licensor is an
>     intergovernmental organization, disputes will be resolved by
>     mediation and arbitration unless otherwise agreed.
>
>
> which to me sounds compatible with OSM, since even commercial use is 
> explicitly allowed. Now what I am unclear about is the IGO side. It 
> sounds to me that the license says that IF the licensor is an IGO, the 
> conditions of arbitration are settled. To me it sounds like whether or 
> not the licensor is an IGO (which it is in this case I think, since 
> OCHA is part of the UN), the data  can still be used by anyone 
> (private person, NGO, IGO, businesses, etc). Or does it mean the data 
> can only be used by IGO's as well? So businesses, private people, 
> NGO's, etc are not allowed to use the data at all? If it's the latter, 
> the license is a bit confusing since it explicitly allows commercial 
> use, which at least to someone without a legal background sounds like 
> any company can use it too.
>
> So the main question I have is: Is the CC BY-IGO compatible with a 
> private person using that data to contribute to OSM (as long as credit 
> is given and such)?
>
> Secondly, if it turns out there is intergovernmental politics at play, 
> and the data was contributed by OCHA under the CC BY-IGO without prior 
> approval from the PH government (NAMRIA/PSA), am I legally in the 
> right to use that data in the meantime? Of course if I'm notified the 
> license was wrong and I need to take the changeset down, I will, but 
> as long as the data is there, under that license, am I ok?
>
> Cheers,
>
> Dolf.
>
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> legal-talk at openstreetmap.org
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