[Talk-GB] Hants CC - Open Government Licence & use of data

[Barry Cornelius]

On Tue, 3 Dec 2013, wintonian wrote:
> Can use this data from Hants CC ( http://www3.hants.gov.uk/row/row-maps.htm 
> )? It has been released under the 'Open Goverment License' ( 
> http://www3.hants.gov.uk/opendata/licence.htm ).
> I wish to use it to set the designation for 'rights of way' and for creating 
> the relevant 'ways' where they do not already exist in OSM, unless there is a 
> simple way to just import the data?

I lurk on this mailing list and I do not contribute to OSM.  So this 
message may not contain the consensus of OSM contributors.

Having said that, I think you should not just import the data from a local 
authority's dataset into OSM.  Let me explain why.

For each public right of way (PROW), there are three routes for the PROW:
(a) what is shown on the local authority's Definitive Map;
(b) the route in the dataset released by the local authority;
(c) what happens on the ground.

All of these may be different.  So a dataset available on the web may be 
out-of-date because the Definitive Map has recently been modified and the 
web's dataset has not yet been updated.  And on the ground people may go a 
different way for any number of reasons, e.g., some property has been 
built on the dataset's route or the dataset's route is overgrown, 
obstructed, more difficult, ... .

Of these only (a) is appropriate for legal purposes.  My understanding
of OSM is that you should be mapping what appears on the ground, i.e. (c).

So I think it is inappropriate to copy a local authority's dataset into 
OSM.  Instead I think that, if you wish to use that dataset, then adopt 
the following process:
    look at the dataset,
    see what PROWs are missing/different in OSM,
    go out and do a ground survey for each PROW and
    then use your data to update OSM.

You have mentioned Hampshire.  They were the first local authority to 
release their dataset with an Open licence.  I'm aware of 8 other local 
authorities that provide a web page that allows you to download their 
dataset.  They are Bolton, Devon, East Sussex, Norfolk, North York Moors 
National Park, City of Nottingham, Oxfordshire and Surrey.  You can see 
this if you visit the web pages:
     http://www.bolton.gov.uk/website/pages/Definitivemapandstatementofpublicrightsofway.aspx
     http://gis.devon.gov.uk/basedata/download.htm
     http://data.gov.uk/dataset/eastsussexrightsofway
     http://data.gov.uk/dataset/norfolk-public-rights-of-way
     http://www.northyorkmoors.org.uk/living-in/how-the-authority-works/data/dataset-downloads
     http://www.opendatanottingham.org.uk/dataset.aspx?id=74
     http://www.oxfordshire.gov.uk/cms/content/countryside-access-maps
     http://www.surreycc.gov.uk/environment-housing-and-planning/countryside/explore-surreys-countryside/visit-the-countryside/footpaths-byways-and-bridleways/find-out-about-rights-of-way/public-rights-of-way-open-data

As well as the above 9 local authorities, my web site:
     http://www.rowmaps.com
currently provides access to the datasets for another 60 local 
authorities.  These datasets have been obtained from the local authority 
by individuals.  Each dataset has been released with an Open licence.

My understanding is that some people have argued that, if a local 
authority has released its dataset on terms equivalent to the Ordnance 
Survey Opendata Licence, then OSM's licensing does not permit you to copy 
the data of that dataset.  However, I think the licensing issue is 
irrelevant because, for the reasons given above, I think you have to 
provide your own data.

-- 
Barry Cornelius
http://www.rowmaps.com/
http://www.oxonpaths.com/
http://www.thehs2.com/
http://www.northeastraces.com/
http://www.barrycornelius.com/