[talk-au] Qld topo map usable?

Mon Oct 9 21:27:26 UTC 2017

Here is a bit more of what they said:

DNRM:

> Thank you for your email dated 19thMay regarding a waiver from the
> Creative Commons Attribution 4.0 (CC BY 4.0) licence for QTopo
> information.  I am seeking advice from our legal services unit on the
> suitability of offering our information in both CC BY 4.0 and the ODC
> Open Database Licence, and hope to have an response shortly.
>
> If you have any questions or I can be of any assistance in the
> meantime please feel free to contact me by any of the methods below.
> Thank you for your patience while we work through the intent of the
> ODbl v1.0 agreement.
>
> We note that Clause 4.7b (Parallel distribution) of the QDbl agreement
> allows for the use of technological measures to restrict rights if you
> make a copy of the database or a Derivative Database available to the
> recipient of the restricted database.
>
> To assist in our determinations could you please advise how someone in
> Queensland, Australia could, or will be able to, access a copy of the
> restricted database as per clause 4.7b.
Me:

> I'm not completely across all the legalities of the ODbL, but my
> understanding is that clause means that if you or any consumer of the
> ODbL licensed data distribute that data in a DRM restricted format
> (like using a blue ray disk with DRM enabled) you must also make it
> available via a non DRM format (like a web download or any other non-
> DRM medium of your chose).> I believe there is an incompatibility between this and the CC BY
> license which is why this is part of the CC BY waiver OSM requires to
> use OSM data.> The OSM legal mailing list is a good place to ask technical questions
> about the license: https://lists.openstreetmap.org/listinfo/legal-talk> Or if you'd prefer something in private [snip]... 

DNRM:

> Again thank you for your patience while I have been working
> through this.
>
> 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.

On Mon, 9 Oct 2017, at 10:28 PM, Simon Poole wrote:
> 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> 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/ 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>
>>> 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/
>>>> 
>>>> Also makes reference to copyright being licensed under CC BY 4.0:
>>>> 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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>>>> Talk-au at openstreetmap.org
>>>> https://lists.openstreetmap.org/listinfo/talk-au
>>>> 
>> 
>> 
>>
>> _______________________________________________ Talk-au mailing list
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>>> 
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