[talk-au] Adoption of OSM geometry as state mapping base

[Warin]

On 10/2/23 12:30, Andrew Harvey wrote:
> Hi legal-questions,
>
> I'm forwarding this interesting question about the OSMF Terms of Use 
> preventing anyone from obtaining OSM data for emergency services use. 
> This is in direct conflict with the ODBL terms which contain no such 
> restriction, and also include a limitation of liability clause. Surely 
> other emergency services organisations are using OSM data without issue.
>
I too think it is a legal cop out for liability.

I think there are some emergency services in Europe using OSM data 
already .. so if I am correct then it is possible (as it should be in a 
reasonable world).

See https://www.openstreetmap.us/2021/06/map-for-emergency/

> On Fri, 10 Feb 2023 at 12:24, Andrew Harvey <andrew.harvey4 at gmail.com> 
> wrote:
>
>     Hi Rob,
>
>     Interesting point you raise!
>
>     While on the surface you'd think terms (from the OSMF Terms of Use
>     https://wiki.osmfoundation.org/wiki/Terms_of_Use#III._Unlawful_and_other_unauthorized_uses)
>     only ask you not to use OSMF services like the website, API for
>     those purposes and not the data, it includes "data distribution".
>
>     I suggest you raise this on the legal talk mailing list
>     https://lists.openstreetmap.org/listinfo/legal-talk and/or
>     directly with the OSMF legal-questions at osmfoundation.org
>     (https://wiki.osmfoundation.org/wiki/Contact).
>
>     On Fri, 10 Feb 2023 at 11:41, rob potter <pots253 at gmail.com> wrote:
>
>         Hi,
>
>         I am representing the state transport department Department of
>         Transport and Planning (Victoria, Australia) - OpenStreetMap
>         Wiki
>         <https://wiki.openstreetmap.org/wiki/Department_of_Transport_and_Planning_(Victoria,_Australia)> and
>         we are looking to consume the OSM road & rail networks for our
>         operations.
>
>         *Lawyers have raised a concern about these conditions, as the
>         road data use is supplied to our emergency services fire and
>         ambulance.  We have not started using the information but we
>         are implementing a system of validation and change detection,
>         then produce an authoritative version for other agency
>         consumption.*
>         /*_Unlawful and other unauthorized uses_ include a clause
>         "Operate dangerous businesses such as emergency services or
>         air traffic control, where the use or failure of the Services
>         could lead to death, personal injury or significant property
>         damage;" and "Store data available through the Services in
>         order to evade these Terms (including aiding anyone else in
>         doing so); or"*/
>         /
>         /
>         Please any advice would be greatly appreciated, ultimately we
>         will enhance the overall content of OSM in the Victoria, but
>         really do not want to cause problems later.
>
>         Thanks,
>
>         Rob
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>
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