[Talk-us] Public Domain Non-GPS Data Question

Christopher Schmidt crschmidt at metacarta.com
Wed Feb 25 12:19:04 GMT 2009

On Wed, Feb 25, 2009 at 08:42:18AM +0000, Dale Puch wrote:
> A follow up on the CA case
> http://www.cfac.org/content/index.php/cfac-news/legal_development/
> Specifically:
>    The county also claimed that it has a federal copyright in the basemap.
> It argued that copyright protection authorizes the county to condition
> release of records, under freedom of information laws like
>    California?s Public Records Act, with restrictions on the requester?s use
> of the records or sharing of the records with others. The Court rejected
> this claim, agreeing with the Coalition that state freedom of
>    information laws preclude a state agency?s reliance on federal copyright
> unless state law clearly permits it for the specific records in dispute.
>    The Court stated: ?We conclude that end user restrictions [on disclosed
> records] are incompatible with the purposes and operation of the CPRA.?
> So this case seems to open up California GIS data to the same extent as
> Florida.

This is interesting, but makes me feel uneasy: the entire point of OSM
is to be as Legally Far From Hot Water as possible, and directly
contradicting something the GIS department *wants*, even if the supreme
court slapped them on the wrist and sent them to the corner, seems to be
a dangerous idea to me... not because OSM could gt sued and lose, but
because it could get sued at all...

I'd rather us ask, and if people tell us "no", then not uploaad.

Christopher Schmidt

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