[Talk-GB] OS OpenData Licence update (WAS: Finding Unmapped public rights of way)

[Robert Whittaker (OSM lists)]

On 29 July 2013 19:47, Rob Nickerson <rob.j.nickerson at gmail.com> wrote:
> Bottom line = Feel free to use OS OpenData for OSM mapping :-D

Er, No. Assuming that you're referring to general material under the
OS OpenData Licence (which is what the rest of the emails were about),
then I don't know how you've managed to draw that conclusion.

OSM takes a conservative line on copyright and licensing issues
related to source data. As long as OS owns IP in the data and claims
that its OS OpenData Licence is incompatible with ODbL, we should not
make use of such data without separate explicit permission from the
copyright holders. The only instance I'm aware of for this is for the
specific "OS OpenData" datasets listed at
http://www.ordnancesurvey.co.uk/oswebsite/products/os-opendata.html
(with the exception of CodePoint Open).

The ODUG is only an advisory body producing suggestions and reports
for Government. Even if it was a Government body with the ability to
set policy, it has only published its view on how things should work,
rather than saying that the OS OpenData Licence as it stands is
compatible with ODbL. And even if that were the case, it would appear
that OS is currently able to choose its own license, and therefore
should have some sway in determining how it's to be interpreted.

While the work of the ODUG is very encouraging, and is likely to have
influence where it matters, I'm afraid we're not there yet. For the
time being, we cannot regard the OS OpenData Licence as sufficient to
allow data to be used in OSM. That is likely to remain the case until
OS bows to the pressure and either amends their licence, or their
interpretation of it.

So the bottom line at the moment is that the datasets listed at
http://www.ordnancesurvey.co.uk/oswebsite/products/os-opendata.html
(with the exception of CodePoint Open) are OK to use, while anything
else under the OS OpenData Licence is not (unless you get separate
permission from all the rights holders). But hopefully things will
change in the near future...

Robert.

-- 
Robert Whittaker