[Talk-ca] Talk-ca Digest, Vol 46, Issue 2

[Tyler Gunn]

On Fri, Dec 2, 2011 at 5:03 PM, john whelan <jwhelan0112 at gmail.com> wrote:
> The .ODBL license you have agreed to allows OSM to change the license in the
> future on any data you have uploaded to OSM.  Are you quite certain that the
> Manitoba Lands Initiative license allows you to do this?
> CANVEC is a little different in that the licensing has been looked into from
> both sides and both seem comfortable.

I'd mentioned the use of Manitoba Lands Initiative data in the past,
and nobody saw issues with the license at that point.

The license is as follows; my take on it is:

1.03(c) is where my use in OSM applies; I'm not using it verbatim and
am indeed deriving my own work.
1.04 applies as I'm using a derived work; I choose to relicense my
derivative work as ODBL.
1.05 is met in my derivative works, as I mark the cadastral polygons
with "(c)2001 Her Majesty the Queen in Right of Manitoba.  All rights
reserved."

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Reserved Rights and Grant of Limited Licence

1.01	All Data is copyrighted, © 2001, Her Majesty the Queen in Right
of Manitoba.  All rights reserved.  The User acknowledges that the
Data is protected under the Copyright Act (Canada).

1.02	The Data is provided free of charge and royalty-free to the User
for use, subject to the terms and conditions of this Agreement.
Manitoba retains all ownership interests in the Data.

1.03	Subject to clauses 1.04 and 1.05, the User is hereby granted a
limited licence to:

(a)	select, print or arrange all of, or portions or features from these Data;
(b)	distribute Data, free of charge, in its original source form; and
(c)	process, analyze or otherwise use these Data in the development of
new, derived works or value added products.

1.04	The User may sell, lease or sublicense the Data contained in new,
derived works or value added products only.  Reproducing or
redistributing the Data for sale, lease or sublicense in its original
source form, in whole or in part, without such modifications is
strictly prohibited.  Users are encouraged to come to the originating
source to access the most current version of the Data.

1.05	When the Data is being distributed, free of charge, in its
original source form as permitted by clause 1.03(b), or when using the
Data in new representations, derived works and value added products as
permitted by clause 1.03(c), the User shall reference the source of
information as: “© 2001 Her Majesty the Queen in Right of Manitoba.
All rights reserved.”

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In any case, I've emailed MLI for clarification.  Should they decide
my use is inappropriate (the license wording seems pretty unambiguous
to me, but I'm not a lawyer), I'll remove my contributions based on
this work.