[talk-au] ACT CC BY waiver

Andrew Harvey andrew at alantgeo.com.au
Tue May 30 10:04:09 UTC 2017

Thanks for your thoughts Simon.

On Tue, 30 May 2017, at 06:00 PM, Simon Poole wrote:
> Andrew, pls jog my memory, is the ACT data available on CC BY 4.0
      terms or are the terms based on a earlier version?

It's CC BY 4.0 -> http://www.actmapi.act.gov.au/terms.html

> The problem with point 2 is that, if taken seriously, the
      relevant terms impose rather far reaching restrictions on how
      derived works can be used, for example a map generated from such
      data cannot be distributed on a blu-ray disk, or shown on a DRM
      protected streaming service (for example Netflix)*. Now the terms
      in question are likely the most ignored language ever in open
      licensing and even in the discussions on the CC mailing list
      leading up to the 4.0 versions you can find statements like
      "everybody ignores it", but we are OSM, not your run-of-the-mill
      data aggregation project that couldn't care less and we have a
      certain duty to ensure our downstream users can actually OSM data
      on our advertised terms.

> So for now I would suggest not using any more ACT data and going
      back to them and asking if having those restrictions in place is
      really their intent, and what they intend to achieve with them. 

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
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!

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