[talk-au] Qld topo map usable?

[Graeme Fitzpatrick]

Thanks for looking into that for us Simon.

As far as I can tell, with my limited legal knowledge, it all appears to be
down to interpretations of how CC / OSM on one side, & DNRM on the other,
are reading the same document - would that be right?

Could I ask if you, who understands the legals involved, could contact the
people from DNRM directly?

Thanks

Graeme

On 9 October 2017 at 21:28, Simon Poole <simon at poole.ch> 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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