[OSM-legal-talk] Response from Hampshire County Council

2012-06-11 Thread Nick Whitelegg

Hello everyone,

Re: the Hampshire ROW data - this is the response I got from the person I am in 
contact with.

In answer to the queries below, the data is free to use as is the OS
open data on their website.

The data was originally captured against the 10k raster data, meaning it
carried OS IPR.  However, OS introduced an exemption process that
allowed creators of data with IPR (Derived Data) to apply for an
exemption.  

Cambridgeshire were the first to successfully do this, we then used
their process/application to apply to have Hampshire's exempt, which was
granted.  Following this we can now release the data using the OS open
data licence, as the exemption basiclaly means that it can be used in
the same manner as the data that OS have published themselves as open.

The query as to our data being on the OS site I think refers to the line
in the licence where OS are actually saying their Open Data is on the
site, not all data that gets published under the licence, for example
our RoW data.

So in short, we believe the RoW data can be incorporated into
OpenStreetmap as long as acknowledgement and copyright is shown from
where it came and how can be used

So in summary it appears that the OS gave HCC specific permission to use this, 
and I'm guessing it's OK to use in OSM, but I am not in any sense of the word a 
legal expert so, what are people's opinions on this?

Thanks,
Nick

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Re: [OSM-legal-talk] Response from Hampshire County Council

2012-06-11 Thread Martin Koppenhoefer
2012/6/11 Nick Whitelegg nick.whitel...@solent.ac.uk:
 In answer to the queries below, the data is free to use as is the OS
open data on their website.
...
 So in short, we believe the RoW data can be incorporated into
 OpenStreetmap as long as acknowledgement and copyright is shown from
 where it came and how can be used


 So in summary it appears that the OS gave HCC specific permission to use
 this, and I'm guessing it's OK to use in OSM, but I am not in any sense of
 the word a legal expert so, what are people's opinions on this?


I am not a legal expert either, but their statements above seem clear
to me: if OS data is compatible with CT/ODBL also the HCC data should
be compatible.

cheers,
Martin

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Re: [OSM-legal-talk] [Talk-GB] Response from Hampshire County Council

2012-06-11 Thread Nick Whitelegg

Hello Gregory,

The quotes are used to quote the email. So the 'so in summary...' bit is mine 
and the 'so in short' is theirs.

Nick

-Gregory nomoregra...@googlemail.com wrote: -
To: Nick Whitelegg nick.whitel...@solent.ac.uk
From: Gregory nomoregra...@googlemail.com
Date: 11/06/2012 02:02PM
Cc: talk...@openstreetmap.org, legal-talk@openstreetmap.org
Subject: Re: [Talk-GB] Response from Hampshire County Council

Hi Nick,
It's not clear where the e-mail ends and your commenting starts.

If the paragraph So in short, we believe the RoW data can... is there's, then 
I'd support using it in OpenStreetMap. I believe it's commonly accepted that 
acknowledgement/copyright/attribution made in the relevant wiki page (imports 
catalogue?) and in a source tag for the changeset, is acceptable. 

On 11 June 2012 13:28, Nick Whitelegg nick.whitel...@solent.ac.uk wrote:
 
Hello everyone,

Re: the Hampshire ROW data - this is the response I got from the person I am in 
contact with.
 
In answer to the queries below, the data is free to use as is the OS
open data on their website.

The data was originally captured against the 10k raster data, meaning it
carried OS IPR.  However, OS introduced an exemption process that
 allowed creators of data with IPR (Derived Data) to apply for an
exemption.  

Cambridgeshire were the first to successfully do this, we then used
their process/application to apply to have Hampshire's exempt, which was
 granted.  Following this we can now release the data using the OS open
data licence, as the exemption basiclaly means that it can be used in
the same manner as the data that OS have published themselves as open.
 
The query as to our data being on the OS site I think refers to the line
in the licence where OS are actually saying their Open Data is on the
site, not all data that gets published under the licence, for example
 our RoW data.

So in short, we believe the RoW data can be incorporated into
OpenStreetmap as long as acknowledgement and copyright is shown from
where it came and how can be used

So in summary it appears that the OS gave HCC specific permission to use this, 
and I'm guessing it's OK to use in OSM, but I am not in any sense of the word a 
legal expert so, what are people's opinions on this?
 
Thanks,
Nick
 
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-- 
Gregory
o...@livingwithdragons.com
http://www.livingwithdragons.com
   
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Re: [OSM-legal-talk] Response from Hampshire County Council

2012-06-11 Thread David Groom
- Original Message - 
From: Martin Koppenhoefer dieterdre...@gmail.com

To: Licensing and other legal discussions. legal-talk@openstreetmap.org
Sent: Monday, June 11, 2012 1:38 PM
Subject: Re: [OSM-legal-talk] Response from Hampshire County Council



2012/6/11 Nick Whitelegg nick.whitel...@solent.ac.uk:

In answer to the queries below, the data is free to use as is the OS

open data on their website.
...

So in short, we believe the RoW data can be incorporated into
OpenStreetmap as long as acknowledgement and copyright is shown from
where it came and how can be used




So in summary it appears that the OS gave HCC specific permission to use
this, and I'm guessing it's OK to use in OSM, but I am not in any sense 
of

the word a legal expert so, what are people's opinions on this?



I am not a legal expert either, but their statements above seem clear
to me: if OS data is compatible with CT/ODBL also the HCC data should
be compatible.



Except that the OS OpenData licence is NOT compatible with the CT / ODbL. 
Which is why the LWG needed to get specific agreement from the OS last 
summer that OS OpenData could be used in OSM [1].


So it might be valid to ask, does the agreement from the OS last summer now 
cover the HCC ( and presumably Cambridgeshire data).?, and looking into the 
wording of [1] I cant see anything which would definitely say it is.  But we 
don't know the exact wording of the exemption, whereas the contact in HCC 
obviously does, and it could well be that the wording of the exemption 
taken together with the agreement between OSM  OS would allow use of HCC 
data


However we also seem to have a very clear statement from HCC we believe the 
RoW data can be incorporated into OpenStreetMap .


I think the best that can be said is that we cant be 100% sure of the legal 
position, but that we have been led to believe by HCC that we can use that 
data.  So I guess we should be able to rely on that statement alone, and not 
try and justify it on any other grounds.


The problem is of course that we may now find ourselves having to ask for 
clarification from any other local authority which releases such data, since 
I cant see the statement by HCC being binding on other local authorities.


Regards

David

[1] http://article.gmane.org/gmane.comp.gis.openstreetmap.region.gb/6516

cheers,
Martin

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Re: [OSM-legal-talk] Response from Hampshire County Council

2012-06-11 Thread Chris Hill

On 11/06/12 17:16, David Groom wrote:
- Original Message - From: Martin Koppenhoefer 
dieterdre...@gmail.com
To: Licensing and other legal discussions. 
legal-talk@openstreetmap.org

Sent: Monday, June 11, 2012 1:38 PM
Subject: Re: [OSM-legal-talk] Response from Hampshire County Council



2012/6/11 Nick Whitelegg nick.whitel...@solent.ac.uk:

In answer to the queries below, the data is free to use as is the OS

open data on their website.
...

So in short, we believe the RoW data can be incorporated into
OpenStreetmap as long as acknowledgement and copyright is shown from
where it came and how can be used



So in summary it appears that the OS gave HCC specific permission to 
use
this, and I'm guessing it's OK to use in OSM, but I am not in any 
sense of

the word a legal expert so, what are people's opinions on this?



I am not a legal expert either, but their statements above seem clear
to me: if OS data is compatible with CT/ODBL also the HCC data should
be compatible.



Except that the OS OpenData licence is NOT compatible with the CT / 
ODbL. Which is why the LWG needed to get specific agreement from the 
OS last summer that OS OpenData could be used in OSM [1].


That is not true. LWG did not get 'specific agreement' from OS. We are 
simply using OS OpenData in compliance with the OS OpenData licence and 
OS confirmed:


The Ordnance Survey has no objections to geodata derived in part from 
OS OpenData being released under the Open Database License 1.0.


This is not a special or specific agreement. If there was special 
permission there would be something in writing to the effect We (OS) 
grant You (OSM) permission   or somesuch and this does not exist. 
We are simply using the the OS OpenData under their licence and OS 
confirmed that that is acceptable.


--
Cheers, Chris
user: chillly


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Re: [OSM-legal-talk] Response from Hampshire County Council

2012-06-11 Thread David Groom



- Original Message - 
From: Chris Hill o...@raggedred.net

To: legal-talk@openstreetmap.org
Sent: Monday, June 11, 2012 6:12 PM
Subject: Re: [OSM-legal-talk] Response from Hampshire County Council



On 11/06/12 17:16, David Groom wrote:
- Original Message - From: Martin Koppenhoefer 
dieterdre...@gmail.com
To: Licensing and other legal discussions. 
legal-talk@openstreetmap.org

Sent: Monday, June 11, 2012 1:38 PM
Subject: Re: [OSM-legal-talk] Response from Hampshire County Council



2012/6/11 Nick Whitelegg nick.whitel...@solent.ac.uk:

In answer to the queries below, the data is free to use as is the OS

open data on their website.
...

So in short, we believe the RoW data can be incorporated into
OpenStreetmap as long as acknowledgement and copyright is shown from
where it came and how can be used



So in summary it appears that the OS gave HCC specific permission to 
use
this, and I'm guessing it's OK to use in OSM, but I am not in any sense 
of

the word a legal expert so, what are people's opinions on this?



I am not a legal expert either, but their statements above seem clear
to me: if OS data is compatible with CT/ODBL also the HCC data should
be compatible.



Except that the OS OpenData licence is NOT compatible with the CT / ODbL. 
Which is why the LWG needed to get specific agreement from the OS last 
summer that OS OpenData could be used in OSM [1].


That is not true. LWG did not get 'specific agreement' from OS. We are 
simply using OS OpenData in compliance with the OS OpenData licence and OS 
confirmed:


The Ordnance Survey has no objections to geodata derived in part from OS 
OpenData being released under the Open Database License 1.0.


This is not a special or specific agreement. If there was special 
permission there would be something in writing to the effect We (OS) 
grant You (OSM) permission   or somesuch and this does not exist. We 
are simply using the the OS OpenData under their licence and OS confirmed 
that that is acceptable.


--

I could equally reply that:

If OS had wanted to confirm that the OS OpenData licence and ODbL were 
compatible then they would have said something in writing to the effect  'We 
(OS) believe that data released under the OS OpenData licence is compatible 
with ODbL' or somesuch, and this does not exist.  What their statement does, 
is grant additional rights to OS OpenData so that it can be used under 
ODbL.


One of the problems is that all that has been made public is the phrase has 
no objections to geodata derived in part from OS OpenData being released 
under the Open Database License 1.0. [1], which is obviously taken from a 
larger document, and in the context of other non-disclosed correspondence.


I still believe my interpretation is the correct one to be drawn from the 
short quote above, but would concede that it is possible that Chris' 
interpretation could have been meant.


Regards

David

[1]  http://article.gmane.org/gmane.comp.gis.openstreetmap.region.gb/6516


Cheers, Chris
user: chillly


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Re: [OSM-legal-talk] Response from Hampshire County Council

2012-06-11 Thread David Groom



- Original Message - 
From: Chris Hill o...@raggedred.net

To: legal-talk@openstreetmap.org
Sent: Monday, June 11, 2012 6:12 PM
Subject: Re: [OSM-legal-talk] Response from Hampshire County Council



On 11/06/12 17:16, David Groom wrote:
- Original Message - From: Martin Koppenhoefer 
dieterdre...@gmail.com
To: Licensing and other legal discussions. 
legal-talk@openstreetmap.org

Sent: Monday, June 11, 2012 1:38 PM
Subject: Re: [OSM-legal-talk] Response from Hampshire County Council



2012/6/11 Nick Whitelegg nick.whitel...@solent.ac.uk:

In answer to the queries below, the data is free to use as is the OS

open data on their website.
...

So in short, we believe the RoW data can be incorporated into
OpenStreetmap as long as acknowledgement and copyright is shown from
where it came and how can be used



So in summary it appears that the OS gave HCC specific permission to 
use
this, and I'm guessing it's OK to use in OSM, but I am not in any sense 
of

the word a legal expert so, what are people's opinions on this?



I am not a legal expert either, but their statements above seem clear
to me: if OS data is compatible with CT/ODBL also the HCC data should
be compatible.



Except that the OS OpenData licence is NOT compatible with the CT / ODbL. 
Which is why the LWG needed to get specific agreement from the OS last 
summer that OS OpenData could be used in OSM [1].


That is not true. LWG did not get 'specific agreement' from OS. We are 
simply using OS OpenData in compliance with the OS OpenData licence and OS 
confirmed:


The Ordnance Survey has no objections to geodata derived in part from OS 
OpenData being released under the Open Database License 1.0.


This is not a special or specific agreement. If there was special 
permission there would be something in writing to the effect We (OS) 
grant You (OSM) permission   or somesuch and this does not exist. We 
are simply using the the OS OpenData under their licence and OS confirmed 
that that is acceptable.


--


Oh dear.  Embarrassingly I realise my email at 17:16 was not quite what I 
had intended to write.  My second sentance Which is why the LWG needed to 
get specific agreement from the OS last
summer that OS OpenData could be used in OSM, should have been Which is 
why the LWG needed to get specific agreement from the OS last summer that OS 
OpenData could be used under the ODbL and therefore used in OSM.


So essentially what I was saying was that I believe the statement in [1] 
grants additional rights (to those contained in the OS  OpenData licence), 
so that OpenData can be used under ODbL, whereas Chilly seems to be saying 
the statement in [1] means the OS has said data released under OS OpenData 
licence is compatible with ODbL.


Apologies if this was not clear.

David

[1 ] http://article.gmane.org/gmane.comp.gis.openstreetmap.region.gb/6516

Cheers, Chris
user: chillly


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