Unluckily this simply confirms that the data cannot be included in OSM. As I pointed out before, this is simply an indirect subsidy of the producers of proprietary data and closed systems.
Simon Am 08.07.2016 um 03:15 schrieb cleary: > The issue of using the Australian PSMA Administrative Boundaries in OSM > was discussed in both talk-au and legal-talk lists. Subsequently I > submitted a request to the Spatial Unit, Department of Prime Minister > and Cabinet, seeking permission and stating the issues as clearly as I > could. Today I received the following response with my initial request > shown below. > > It explicitly states we are not responsible for the actions of > downstream users but I think we need the legal-talk group to clarify if > the response helps us. For this reason, this response is being > submitted to both lists. > > > > ----- Original message ----- > From: Spatial <spat...@pmc.gov.au> > To: "o...@97k.com" <o...@97k.com> > Cc: Spatial <spat...@pmc.gov.au> > Subject: RE: Permission for OpenStreetMap to use PSMA Administrative > Boundaries [SEC=UNCLASSIFIED] > Date: Fri, 8 Jul 2016 00:19:27 +0000 > > UNCLASSIFIED > Dear Michael > > Thank you for your email seeking clarification about the licensing > conditions regarding the PSMA Administrative Boundaries dataset. > > Given the large volume of public datasets available via data.gov.au > (over 8,200 datasets), we are unable to provide statements with explicit > permission for use to individual users. > > However, we can provide some clarification regarding your concerns. > > There are no substantial differences between the CC BY 3.0 and the CC BY > 4.0 licences. A summary of the differences can be found here: > https://creativecommons.org/share-your-work/licensing-considerations/version4/. > > CC BY 4.0 (like CC BY 3.0) does not prevent OpenStreetMap from applying > your own licence to your products but requires end users to comply with > the CC BY licence (in relation to the original data). > > The preferred attribution for adapted material using the PSMA > Administrative Boundaries dataset is: > > Incorporates or developed using Administrative Boundaries (c)PSMA > Australia Limited licensed by the Commonwealth of Australia under > Creative Commons Attribution 4.0 International licence (CC BY 4.0). > > We can also confirm that OpenStreetMap is not responsible for the > actions of your downstream users. Given the nature of the CC BY licence, > your downstream users directly licence the Administrative Boundaries > data from the Commonwealth. Provided that OpenStreetMap comply with the > licence, then any breach by third parties leads to automatic termination > of that third party's rights to use the material and does not impact > OpenStreetMap's licence. > > I trust this information has been of assistance. > > Kind regards, > > Spatial Policy team > > > -----Original Message----- > From: cleary [mailto:o...@97k.com] > Sent: Thursday, 30 June 2016 6:08 PM > To: Spatial > Subject: Permission for OpenStreetMap to use PSMA Administrative > Boundaries > > > > I am a volunteer contributor to OpenStreetMap (OSM) > (www.openstreetmap.org) which provides a map, based on open data, for > use by anyone who wishes to access it. I understand that OpenStreetMap > is the largest open data map project in the world. Various bodies, > including some Government organisations, are increasingly using OSM and > I was pleased to note that some pages on the data.gov.au website are > using OSM. > > Approximately five years ago, OSM was given explicit permission to > incorporate data from Australian Government public information datasets > which had been published under CC-BY-2.5 and CC-BY-3.0 licences. The > explicit permission allowed OSM to incorporate and publish these CC-BY > licensed geographic coordinate datasets under a free and open license, > including the Open Database License, provided that attribution was made > in the Contributors page of the OpenStreetMap Wiki > (http://wiki.openstreetmap.org/wiki/Contributors) including each dataset > being identified with specified informaton. (See > http://wiki.openstreetmap.org/wiki/Attribution/data.gov.au_explicit_permission) > > I write now to request extension of permission to include the PSMA > Administrative Boundaries. > > It is perceived that issues which may require clarification in regard to > the PSMA Administrative Boundaries are: > > 1. The PSMA Administrative Boundaries are provided under a CC-BY-4.0 > licence, not the earlier licences previously specified. > 2. The explicit permission that OSM received was for data released > directly by the Australian Government, and it is unclear if that would > apply to data that which has been licensed from third parties for > distribution, which seems to be the case with the PSMA boundaries. > 3. There is a requirement that the data may be used only in ways that > are consistent with the Australian Privacy Principles. OSM does not > collect or use personal information about identifiable individuals but > it cannot guarantee how downstream users might use data published by OSM > under a free and open licence. If downstream users of OSM are a concern, > would it be possible for the Department of Prime Minister and Cabinet or > PSMA to identify which datasets are problematic in this regard and > exclude them, while granting OSM permission to use datasets which would > not provide any cause for concern in regard to the Privacy Principles? > > On behalf of OSM, I request that you provide a further statement which > can be published in the OSM wiki, specifying which datasets from the > PSMA Administrative Boundaries may be incorporated into OSM, and stating > that credit on the Contributors page of the OSM wiki is sufficient to > fulfil attribution requirements including downstream use in works > derived from OSM. > > If you require clarification of this request, I would be pleased to > speak with a Department of Prime Minister and Cabinet or PSMA > representative by phone or provide further information by email if that > is preferred. > > > Michael Cleary > (personal contact details deleted from this reproduction of original) > > > _______________________________________________ > legal-talk mailing list > legal-talk@openstreetmap.org > https://lists.openstreetmap.org/listinfo/legal-talk
signature.asc
Description: OpenPGP digital signature
_______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
