[talk-au] Qld topo map usable?

Simon Poole simon at poole.ch
Mon Oct 9 11:28:54 UTC 2017


Hi all

I was on the road the last two weeks so didn't see this thread, sorry.

(Un-)luckily the situation is completely clear, we need the waiver as
provided here
https://drive.google.com/file/d/0B3PN5zfbzThqeTdWR1l3SzJVcTg/view to be
able to use the data in OSM.  Even better: you don't even need to take
my word for it, as the text here
https://blog.openstreetmap.org/2017/03/17/use-of-cc-by-data/ was
developed with feedback and input from CC (and I would consider CC
fairly authoritative on matters of their licence).

The underlying issue is that the ODbL, being pragmatic and practical,
allows on the one hand distribution of the data via DRM protected means
as long as there is a parallel distribution mechanism available (the
more theoretical issue ) and on the other hand allows for works produced
out of the data that are not databases (for example a map image) to be
licensed on essentially any terms as long as the required is attribution
provided.

Simple example: a map image produced from OSM data can be incorporated
in a cinematic production and distributed on a blu-ray disc or streamed
via Netflix with DRM in place. Neither is possible with derivatives from
CC BY licensed material.

Simon


Am 01.10.2017 um 08:24 schrieb Andrew Harvey:
> I made an enquiry to DNRM about this exactly back in June.
>
> The response I got was:
>
> We have given consideration to your request and advise that,
> consistent with Queensland Government policy, our data is provided
> under a CC:BY 4.0 Licence.  The department will not provide the data
> under an ODbl licence.  It is our belief that a CC:BY licence is
> sufficient for use of our data and we do not accept that OpenStreetMap
> cannot use our data under the CC:BY licence.
>
>  
>
> If you have any questions or I can be of any further assistance please
> feel free to contact me by any of the methods below.
>
>
> So in the end I didn't get the waiver form OSMF requires, yet DNRM
> believes we can use CC BY 4.0 data in OSM without it, in conflict with
> what the OSMF says. I don't feel this is good enough, but I'm not a
> lawyer so I left it at that. 
>
> If anyone can help pick this up again, I feel we have a good chance of
> it happening. 
>
> DNRM are very responsive to enquiries like this, which is great. 
>
>
> On 1 Oct. 2017 4:50 pm, "Andrew Harvey" <andrew.harvey4 at gmail.com
> <mailto:andrew.harvey4 at gmail.com>> wrote:
>
>     Unfortunately not. CC BY 4.0 data isn't compatible with the OSM
>     license,
>     see https://blog.openstreetmap.org/2017/03/17/use-of-cc-by-data/
>     <https://blog.openstreetmap.org/2017/03/17/use-of-cc-by-data/> for
>     more details.
>
>     There is a waiver form at that link which the copyright holder
>     needs to agree and sign for CC BY 4.0 data to be used in OSM.
>
>     Some Australian agencies have agreed to this, and others have
>     explicitly not agreed to this, so it's hit and miss based on the
>     agency.
>
>     On 1 Oct. 2017 4:29 pm, "Graeme Fitzpatrick"
>     <graemefitz1 at gmail.com <mailto:graemefitz1 at gmail.com>> wrote:
>
>         G'day all
>
>         I've just come across an online Qld topo map, published by
>         Dept of Natural Resources.
>
>         Map is at http://qtopo.dnrm.qld.gov.au/Mobile/
>         <http://qtopo.dnrm.qld.gov.au/Mobile/>
>
>         Also makes reference to copyright being licensed under CC BY
>         4.0: https://www.dnrm.qld.gov.au/legal/copyright
>         <https://www.dnrm.qld.gov.au/legal/copyright>, & includes
>
>         "Under this licence you are free to use this information in
>         accordance with the licence terms without having to seek
>         permission from our department. You must keep the copyright
>         notice intact and attribute the State of Queensland as the
>         source of the material."
>
>         Does that mean we can use it?
>
>         Thanks
>
>         Graeme
>
>
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>
>
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