[Talk-ca] Fwd: Ottawa, Canada import

Stewart C. Russell scruss at gmail.com
Tue Aug 18 03:20:53 UTC 2015

Hi James,
> but I did receive approval from the city that we could import data
> from data.ottawa.ca/dataset <http://data.ottawa.ca/dataset>. Which I
> documented here:
> https://wiki.openstreetmap.org/wiki/Canada:Ontario:Ottawa/Import/Permission

I'm not a legal expert, but I think that OSM would have trouble with
some of the licence terms, such as
http://ottawa.ca/en/mobile-apps-and-open-data/terms-use#terms —

    *Liability for not complying with Terms of Use*

    If, as a result of your breach of these Terms of Use, the City gets
    sued or is required to pay someone money, you agree to protect the
    City and reimburse the City for everything which you cause the City
    to suffer. This means that you agree to defend, indemnify, and hold
    harmless the City and all of its agents from any and all liabilities
    incurred in connection with any claim arising from any breach by you
    of these Terms of Use, including reasonable legal fees and costs.
    You agree to cooperate fully in the defence of any such claim. The
    City reserves the right to assume, at its own expense, the exclusive
    defence and control of any matter otherwise subject to
    indemnification by you. You agree not to settle any matter without
    the written consent of the City.

    *Cancellation for non-compliance*

    The City may, in its sole discretion, cancel or suspend your access
    to the datasets without notice and for any reason, including
    anything which the City, in its sole discretion, believes is a
    breach of these Terms of Use or is otherwise unlawful or harmful to
    others. In the event of cancellation or suspension, you will no
    longer be authorized to use or reproduce these datasets, and the
    City may use any means possible to enforce its decision. Such
    cancellation or suspension will not affect any person who has
    received the datasets from you and who is otherwise in compliance
    with these Terms of Use.

So it looks like the City could sue OSM if someone uses the map in
Ottawa, gets lost or falls in the canal, and sues the City. It also
looks like the city reserves the right to suspend use of the data, and
may be able to enforce this.

Ottawa's licence looks a lot like the first wave of Canadian Open Data
licences, and these were absolutely not usable in OSM.

Best Wishes,

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