Actually - I saw you were using MIT - wouldn't that just cover software?

-----------------
Randal Hale, GISP
North River Geographic Systems, Inc
http://www.northrivergeographic.com
423.653.3611 [email protected]
<mailto:[email protected]>
twitter:rjhale
http://about.me/rjhale

On 12/02/2013 08:10 PM, Ian Dees wrote:
To get around this, I've had good luck suggesting that they use the MIT License. The GIS departments I've talked to have expressed concern about limiting liability while still being as open as they can be. MIT is pretty close to what they already have for liability waiver, so they feel pretty comfortable about using it.

On Mon, Dec 2, 2013 at 7:00 PM, Toby Murray <[email protected] <mailto:[email protected]>> wrote:


    Sadly, I think some of us know more about data licensing than a
    lot of government attorneys. I also got a "yeah, we consider it
    public domain" email from the Kansas Department of Transportation
    regarding the county/city maps they have on their website. I think
    in some situations that's as good as we are going to get.

    Toby


    On Sun, Dec 1, 2013 at 10:29 PM, Paul Norman <[email protected]
    <mailto:[email protected]>> wrote:

        Going from the general issues with PD back to the specific
        case here, I'd suggest that they provide a statement that the
        data is public domain and has no restrictions placed on it.
        When a government goes on record as saying that a particular
        dataset is public domain, we generally have taken them at
        their word, as they're the ones best positioned to understand
        their specific legal situation. For an individual, I'd be more
        reluctant and want something like CC0, or for jurisdictions
        with database rights, PDDL.

        As Richard commented, we really need to see some sample data
        to spot problems. Could you upload a sample .osm file
        somewhere (web host, dropbox, etc)?

        *From:*Serge Wroclawski [mailto:[email protected]
        <mailto:[email protected]>]
        *Sent:* Sunday, December 01, 2013 3:47 PM
        *To:* Randal Hale
        *Cc:* Imports US
        *Subject:* Re: [Imports-us] Union County Georgia Building
        Footprints

        On Sun, Dec 1, 2013 at 11:34 PM, Randal Hale
        <[email protected]
        <mailto:[email protected]>> wrote:

            If we are drinking beer there is no way I'm talking about
            licensing of data.

            So help me out here - I'm looking at Creative commons and
            I see 6 licenses - I assume you are talking about CC-By.
            Originally OSM was CCbySA correct?

        I'm talking about CC0:
        http://wiki.creativecommons.org/CC0_use_for_data

        As Jason points out, you can use a public domain declaration
        instead, since there aren't jurisdiction issues to worry about.

        > I think it would help if someone had a list of licenses up
        that blend well with ODBL - in my line of work security
        > is the big thing (i.e. don't let anyone else see this) -
        licensing not so much.

        This is a non-trivial task that requires lawyers to be
        definitive. The Open Source Initiative and the Free Software
        Foundation both put in effort in this area for software, and I
        can tell you that it's a ton of work. The problem is that
        government agencies typically don't just want to use a
        standard license (such as CC0), they want to make their own,
        or they will say things "This work is in the public domain,
        but you must attribute us."- which is legally impossible,
        since Public Domain has no restrictions whatsoever- so once
        you add any restrictions, it's no longer public domain.

        The solution to this is to use a very liberal, standard
        license like CC0.

        > If they licensed this ODBL and I stuck into OSM would that
        be like dividing by 0?

        The issue of license compatibility from external data sources
        is tricky. For example, for data that was under CC-BY-SA (the
        previous OSM license), some of it had to be removed from OSM
        because when OSM moved to ODbL, the CC-BY-SA data couldn't go
        along with it. The current license we use is OdBL 1.0, but it
        is conceivable that in 10 years, a new license would be
        better. The Contributor Terms say that when you contribute to
        OSM, you are saying that you have ownership of the data, or at
        least have the rights to use the data in OSM, but if the data
        has a very specific license which cannot be modified, then
        problems can arise.

        If you have questions about these issues, the right place for
        them is the License Working Group, which has access to attorneys.

        - Serge


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