Hey Martin,

Understood.

Can you file an Apache LEGAL JIRA re: the below and ask for a decision
citing the below specific context? Based on your feedback I agree with you
but would like the Legal committee at Apache to document/accept/agree with
our interpretation.

Cheers,
Chris



-----Original Message-----
From: Martin Desruisseaux <[email protected]>
Organization: Geomatys
Reply-To: "[email protected]" <[email protected]>
Date: Sunday, October 20, 2013 11:45 AM
To: "[email protected]" <[email protected]>
Subject: Re: EPSG terms of use

>Hello Chris and all
>
>Le 19/10/13 21:33, Chris Mattmann a écrit :
>> Unfortunately doesn't seem to be compat with apache. What about
>> asking for them to license as ALv2 or some other Category A
>> compat license?
>>
>> Do you know the DB's authors?
>
>I know the chairman of OGP's Geodesy Subcommittee, the committee
>responsible for the EPSG Geodetic Parameter Dataset. However I think
>that it would be hard to get a license change. OGP (not to be confused
>with OGC) is "International Association of Oil & Gas Producers" and
>members are big companies like Shell. What we may get however is, maybe,
>some statement that clarify how OGP see their conditions in the context
>of Apache (I don't know enough about legal for seeing exactly what it
>could be. Maybe something saying that OGP see no problems in Apache
>bundling the EPSG database in SIS).
>
>I would like to put some points for establishing the context:
>
>  * We are talking about data rather than software, so I don't know if
>    the same license classification apply...
>  * Oil & Gas producers maintain and provide the EPSG database free of
>    charge because the cost of installing a drilling platform in the
>    wrong location is too high. Since they rely on map and data produced
>    by various actors (national map agencies, etc.), it is in their best
>    interest that those actors had access to the most accurate CRS
>    definitions when they created their data.
>  * The EPSG database, or something equivalent, is absolutely crucial to
>    a Spatial Information System. Apache SIS without EPSG would probably
>    lost a lot of its interest. For example EPSG codes are the the-facto
>    standard for specifying CRS in most web services (WMS, etc.).
>  * I'm not aware of any freely available alternative to the EPSG
>    database, and it would be impossible for us to create one.
>  * OpenSouce and commercial products like Proj.4, PostGIS, GDAL,
>    MapServer, Geoserver, OpenStreetMap, ESRI, Oracle Spatial and many
>    other all include the EPSG database in derived forms. I think that
>    basically all major GIS products around the world include the EPSG
>    database in one form or the other.
>
>
>Keeping the above in mind, my interpretation of EPSG conditions are:
>
>1) If someone modify a "significant field" in the EPSG database (e.g.
>the numerical value of a projection parameter), then OGP asks that the
>modified database is not called "EPSG database" anymore. This seems a
>very reasonable request to me, since the purpose is to protect the EPSG
>credibility. Isn't Apache doing something similar? I mean, Apache
>enforces trademark on its name. So if someone was forking an Apache
>project and broke it badly, it seems to me that the Apache foundation
>would not let the broken project calls itself "Apache Foo"...
>
>2) Anyone can sell EPSG + SIS for profit. But EPSG conditions ask to not
>extract the EPSG from SIS and sell only that part, without any added
>value. I realize that this condition may be the most problematic one for
>Apache, but I don't see why someone would download Apache SIS and
>extract only the EPSG files, without keeping anything else (he could
>download directly from the EPSG web site instead)... I have not hear
>about anyone doing something like that with Proj.4 (MIT license) for
>instance (but admittedly the Proj.4 files are extensively transformed
>compared to the original EPSG files).
>
>What do you think?
>
>     Martin
>


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