I'm thinking about writing a letter to my County's GIS department, which
releases data under a very restrictive license agreement. The license
agreement restriction that I the biggest problem with is:
"GIS Product is not to be used for any purpose other than that indicated
on the application. The
applicant shall not disclose, lease, sell, distribute, make, transfer,
or assign the GIS product or
engage in any other transaction which has the effect of transferring the
right to use for all or part of
the GIS Product without prior written consent of the County of San
Joaquin Community
Development Department."
This effectively kills my ability to distribute "public data", and it
may kill my ability to distribute other data sets build from this public
data.
The County GIS Department has a link to the Attorney General's opinion
that concludes County's must make their parcel GIS data available. (The
County posted it on the website as a justification for the fees which
they charge for the data. I don't have a problem with these fees,
although I think there a little pricey.)
The Attorney General opinion mentions the California Public Records Act
several times, and concludes that parcel data maintained by the County
is subject to the provisions of the act. The opinion does not appear to
discuss license agreements specifically. I'm wondering if any of you are
aware of a provision in the California Public Records Act that deals
with license agreements for public data subject to the act. Can my
County be forced to release data under the act, but then place all sorts
of restrictions on the use of that data with a license agreement?
It would be good to cite a law or recent court case explaining that the
license agreement or the restrictive provisions of it are not allowed
under California law. I'm sure that my letter will head directly from
the GIS department to my County's legal department.
Thanks for any help or suggestions.
Landon Blake
Project Surveyor
California PLS 8489
Office Phone Number: (209) 946-0268
Cell Phone Number: (209) 992-0658
[email protected]
711 North Pershing Avenue
Stockton, California, 95203
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