[Talk-us] Importing County Data

[Brian May]

On 12/19/2021 5:28 PM, Mike Thompson wrote:
>
>
> On Sun, Dec 19, 2021 at 2:45 PM Mike N <niceman at att.net> wrote:
>
>     On 12/18/2021 6:56 PM, Mike Thompson wrote:
>     >         However we're not offering the data for sale....
>     >
>     > ODbL does not prohibit the same of data:
>     >
>     >
>     >       " Can I charge for distributing OSM data or data derived
>     from OSM
>     >       data?
>     >
>     > Yes. You can charge any amount of money you want for any service
>     or data
>     > you provide. ...[0]
>     >
>
>     However when coupled with the Email, does this not count?  I've seen
>     quite a number of import projects in the Wiki done on basis of a
>     permission Email only.  Or does every license clause have to have a
>     lawyer write a waiver to override?
>
> I don't know either way.  I am not a lawyer.  It would be good to get 
> the opinion of someone within the OSM community who is familiar with 
> such matters.  The email is very general, it would be good if they 
> explicitly said "we grant you the right to import our data into OSM.  
> We understand OSM is licensed under ODbL and that ODbL may not be 
> compatible with the license originally provided with the data" (I 
> think there is suggested language on the Wiki), or as you suggested 
> earlier, if they agreed to a license compatible with ODbL.  It would 
> be good to know that the person making such statements were authorized 
> by the county to do so as well (presumably not every county employee 
> is authorized to modify data licenses).
>
> I am not trying to derail an otherwise good idea, I just think this is 
> something that we should look into to make sure all is kosher.  
> Perhaps posting to the imports list would elicit some responses from 
> people more informed than I.
>
> Mike
>
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In the USA, county level agencies must follow state law regarding public 
records access. Quick google search for new jersey public records law - 
first few links tell you all you need to know. First link is a document 
that pretty much spells it all out, even with FAQs. A key issue is 
whether the state allows government agencies operating under state law 
to copyright data and/or charge high prices for it. Search the PDF for 
copyright and you get one hit, where it says copyright law does not 
prohibit access. The other issue is exemptions to public records access. 
Some states make GIS data "special" - like Georgia and apply special 
terms to it. It looks like New Jersey does not. Another link provides 
the full text of the law to review.

Brian aka grouper


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