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

[john whelan]

The only issue is the current OSM license is fine, however if you read what
you have agreed to you by uploading you permit OSM to change the license in
the future without restriction and there is a possibility that a new OSM
license which you have agreed to is incompatible with the source license.

Its the same for all imports.  My take on it is anything I map directly ie
by observation or GPS trace the license is fine, anything else I'm not
comfortable with giving OSM permission to use in anyway they see fit in the
future.  Note if they decide not to change the license there is no issue
but if they do you have already agreed that the data you have uploaded
maybe licensed in any way OSM wishes to in the future.

Cheerio John

On 4 December 2011 17:49, Tyler Gunn <tyler at egunn.com> wrote:

> 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."
>
>
> -------------------------------------------------------------------------------------------------
> 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.”
>
>
> -------------------------------------------------------------------------------------------------
>
> 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.
>
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