[Talk-us] Caltrans exit numbers

Dale Puch dale.puch at gmail.com
Mon Mar 28 22:51:42 BST 2011


On Mon, Mar 28, 2011 at 1:08 PM, Apollinaris Schoell <aschoell at gmail.com>wrote:

> Santa Clara county was sued successfully, but not on a federal level. State
> of California has the same PD rules and this can be used only for California
> state and county data.
> Don't have the link available right now but it can be found in the archives
> of talk-us
> But still you may need to check data offered at CASIL website. It is a mix
> of state and data provided by private companies. One example is Greeninfo
> data which is not PD.
>
>
>
> On Mon, Mar 28, 2011 at 9:15 AM, Alan Mintz <Alan_Mintz+OSM at earthlink.net>wrote:
>
>> At 2011-03-23 04:22, Dale Puch wrote:
>>
>> A quick note, do not confuse public records as always meaning public
>> domain.
>> Some states may not have laws specifically preventing agencies from
>> claiming copyright, not apply to all levels of government, or have
>> exceptions to which works.
>> IE. I think it was Michigan that specifically copyrights it's gis data.
>> Some "offical" state clearinghouses may claim copyright on what should be
>> public domain from the various agencies.
>>
>>
>> http://wiki.openstreetmap.org/wiki/Potential_Datasources#U.S. is the best
>> compilation of sources and notes about them I know of for our use.  I would
>> suggest to update it with any information you come up with.
>>
>>
>>
>> Hasn't there been recent case law, though, that enforces a federal
>> principle (?) that any data produced by a government agency must be public
>> domain (excepting obvious things like national security)? Wasn't Santa Clara
>> County, California sued successfully?
>>
>> --
>> Alan Mintz <Alan_Mintz+OSM at Earthlink.net>
>>
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>>
>
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I know both Florida and California have state laws that by default make
public records = public domain (uncopyrightable by state or local gov.)
this does NOT include data generated by sub contractors for the governments
use.  They also allow for exclusion due to security.  I think they also
provide a loophole for specific situations that would allow a copyright, but
I don't remember any details of that.

AKA an ugly mess because they rarely specifically state the status of any
data.  Open access is not always the same as public domain either.

http://sunshinereview.org/index.php/State_sunshine_laws  looks to be a good
starting point.

http://en.wikipedia.org/wiki/Freedom_of_information_legislation

-- 
Dale Puch
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