[talk-au] GNAF (address) data to be released under open license

Simon Poole simon at poole.ch
Wed Dec 30 12:25:30 UTC 2015



Am 30.12.2015 um 12:56 schrieb Jason Ward:
> Understood.  For clarity that restriction means the Rights granted in
> odbl Clause 3.1 [1] are not possible with this data.
>
> I can understand the restriction so I wonder if there is any scope for
> this to be removed.
>
> I do wonder though, when does Licenced Data become Adapted Material? 
> I ask as the restriction applies to Licenced Data only.  Probably a
> question for the Commonwealth solicitors that wrote the EULA.
>
I suspect that the wording of 2a2 is a bit sloppy, and that the "to
create" is intended to cover Adapted Material. In any case the way I
understand the way this is supposed to work. is that the original IP
rights (and the associated licence) continue to exist in a derived work
so even if not stated explicitly 2a2 would still apply. Further there
are a number of open issues with CC by 4.0 based licences that remain
unresolved, see the discussion on legal-talk.in May 2015.

Simon

> [1] - http://opendatacommons.org/licenses/odbl/1.0/
>
>
> On Wed, 30 Dec 2015 at 21:39 Simon Poole <simon at poole.ch
> <mailto:simon at poole.ch>> wrote:
>
>     2a2
>
>
>     Am 30.12.2015 um 12:32 schrieb Jason Ward:
>>     Hi Simon,
>>
>>     Could you note the clause for clarity please? My guess would be
>>     3a4 of [1] as I'm not across the meaning of that when applied to
>>     the downstream osm licence.  I've read the links below and on a
>>     first pass it appears to be quite a broad licence to use
>>     (Specifically 2a 1B & 2a 1B) of [1] so am curious to know where
>>     the barrier lies.
>>
>>     [1]
>>     - https://www.dpmc.gov.au/sites/default/files/files/EULA_open_G-NAF_administrative_boundaries.pdf 
>>     [2]
>>     - https://www.dpmc.gov.au/pmc/about-pmc/core-priorities/public-data-branch-within-dpmc/geocoded-national-address-data-be-made-openly-available
>>
>>
>>     Thanks!
>>
>>     On Wed, 30 Dec 2015 at 20:53 Simon Poole <simon at poole.ch
>>     <mailto:simon at poole.ch>> wrote:
>>
>>
>>         I just had a quick look at the licence terms. While the
>>         license is based on CC by 4.0 (which is own can of worms) it
>>         unluckily contains a provision prohibiting specific use that
>>         makes the data clearly (as in we will never, in no
>>         circumstances be able to adhere to the terms) unusable for
>>         OSM and further means it does not meet the definition here
>>         http://opendefinition.org/od/1.0/en/. 
>>
>>         Sorry
>>
>>
>>         Simon
>>
>>>
>

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