[talk-au] Use of online data without CC BY?

[Graeme Fitzpatrick]

Thanks Steve!

Yes, our various levels of Govt all talk about Open Data, but just how open
it really is depends on a lot of factors, with different Depts (& even
different branches of the same Dept!) having different ideas :-(

& that should be klicks! :-)

Thanks

Graeme


On Fri, 2 Apr 2021 at 15:12, stevea <steveaOSM at softworkers.com> wrote:

> I know you're talking about Australia (or one of its states) and I'm
> talking about California, one of the USA states.  The area of law I talk
> about here falls into the realm of "what the state is granted the power to
> define for itself" due to our 10th Amendment, which basically says the few
> pages of our national constitution delineate where the federal USA starts
> and ends, and "the rest is up to the states."
>
> In California, we have what are known as "sunshine laws" or "open data
> laws" which in essence say that what the state (of California) publishes as
> data are open to the public.  Sure, there are exceptions carefully carved
> out in the statute which talk about personnel records and ongoing legal
> cases and those (and a few other things like certain redacted or protected
> incarceration records, I think...) are NOT open.  But stuff like "GIS data"
> are open.  At least two California Supreme Courts (both specific to GIS
> data) make this clear (legal cites are elsewhere, but I can find them or
> you can, too).
>
> Whether Queensland has such law (and stare decisis), I don't know, but
> that's what "guides" here, maybe (you are "lucky" like this, too) and it
> does for Queensland and data published by an entity of or that is
> Queensland, too.  (Like in USA, a state like California's divisions, or
> "counties" are really simply divisions of the state, so they ARE the state
> for purposes of such law like open data laws).
>
> This might seem pretty cut and dry, and certainly, not all states are "as
> clean and neat and easy" as this, so your mileage may vary, as laws between
> states and countries can be vastly different.  And, I am not an attorney.
>
> I hope that helps you 11721 clicks away (roughly, it only took JOSM
> seconds to determine that — good ol' OSM!).  G'luck, mate!
>
> > On Apr 1, 2021, at 8:16 PM, Graeme Fitzpatrick <graemefitz1 at gmail.com>
> wrote:
> >
> > Bit of an interesting question, that I'll start here, but which I can
> see going to the Legal Group for a ruling?
> >
> > Started updating hospital details after getting the OK & waiver through
> from Qld Health to use their data.
> >
> > First one on the list was Alpha, which, co-incidentally has just had a
> brand new combined Health / Emergency Services facility built!
> >
> > While checking info about it, I spotted the Barcaldine Council page for
> Alpha, which has https://www.barcaldinerc.qld.gov.au/tourism/towns/alpha
> & https://www.barcaldinerc.qld.gov.au/alpha-3, which show details & gives
> info on POIs that we could include.
> >
> > Contacted the Council to ask about using that info, & they have given
> explicit permission for us to use this info for Alpha & 4 other towns in
> their area.
> >
> > That's great, but it appears that they don't publish anything under a CC
> BY licence at all - the only reference I can see just says "© Barcaldine
> Regional Council"?
> >
> > So, can we use it, or do we have to still have a waiver of some sort?
> >
> > Thanks
> >
> > Graeme
> > _______________________________________________
> > Talk-au mailing list
> > Talk-au at openstreetmap.org
> > https://lists.openstreetmap.org/listinfo/talk-au
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.openstreetmap.org/pipermail/talk-au/attachments/20210402/8ad399b1/attachment.htm>