[Talk-GB] Follow up : Hampshire Rights of Way Data released under OS OpenData licence

[Robert Whittaker (OSM)]

On 8 June 2012 16:27, Rob Nickerson <rob.j.nickerson at gmail.com> wrote:
> Recap of the Issue:
> * Hampshire CC : "The data has been published as Open Data under the
> Ordnance Survey Open Data Licence". Here the use of "Open Data" seems to be
> an internal term that Hants CC use [1]. To me this appears to suggest that
> they have contacted Ordnance Survey to check that they can release the data
> and OS came back with the suggestion that they use the OS Open Data Licence
> (it is clear that the rights of way are not derived from OS OpenData as the
> resolution is too high - i.e. very zoomed in)
> * The OS OpenData licence [2] states that it governs access to the data on
> OS's website. The Hampshire data is not on the OS website. This wording
> therefore looks "bad" but does it, in itself, prevent use of the data in
> OSM?
> * Ordnance Survey: Have stated that they have "no objections to geodata
> derived in part from OS OpenData being released under the Open Database
> License 1.0."

> Thus:
> If we take the Ordnance Surveys response to mean they have 'no objections to
> geodata derived in part from OS OpenData LICENSED DATA being released under
> the Open Database License 1.0.' then we are okay. But, it this one step too
> far?

As things stand, the license we are being offered the data under is
not compatible with ODbL. And I don't think we can assume that the
special permission we have to use OS OpenData would cover this
additional data -- as you say the HCC data isn't derived from OS
OpenData, and in any case it's HCC offering the licence not OS, so
technically we've got no right to employ our special permission from
OS without HCC's approval.

In short, I don't think we can rely on second-guessing what either
Hampshire CC or OS mean here with the license, and hence we will need
to clarify things with HCC and possibly OS too before we can make use
of the data.

Interestingly, of all the datasets listed at
http://www3.hants.gov.uk/opendata/datasets.htm , the public rights of
way data is the only one not released under the vanilla OGL license.
This would suggest to me that they are aware of some rights OS has in
the data, and OS requested they use OS's license. If that's the case I
think it's likely that HCC and OS would agree to us using the data, if
we're able to ask them.

Robert.

-- 
Robert Whittaker