On 7/23/2018 10:51 AM, Pavel Machek wrote:
Hi!
RESERVATION OF RIGHTS
The City reserves the right to discontinue availability of content
on this website at any time and for any reason. The City reserves the
right to claim or seek to protect any patent, copyright, trademark, or
other intellectual property rights in any of the information, images,
software, or processes displayed or used at this website. These Terms of
Use do not grant anyone any title or right to any patent, copyright,
trademark or other intellectual property rights that the City may have
in any of the information, images, software, or processes displayed or
used at this website.
This term is vague. That's why I think that it is incompatible. Data to
be added to OSM must not have revokeable licenses (except violation of
the license).
What exactly do you find problematic?
City reserves right to shut down their website... which is not a
problem.
Pavel
State law defines what constitutes a public record held within a
state/county/city agency for all government entities within a state. The
laws also define methods of access and whether records can be
copyrighted and/or restricted in any way. Look up the state law
regarding public records and see whether or not the city has any say at
all.
Many times the legalese put on a state/county/city website is
meaningless and was put there for some sort of feel-good "protection
from misuse" or "protection of rights" that the state/county/city does
not even have. For example, if Kansas has open records laws and all
public records are in the public domain, you are good to go no matter
what the city says on their website. If Kansas has public records laws
that allow states/counties/cities to copyright public data and restrict
how it is used, then you have to negotiate with the state/county/city,
because they may say, OK well that was legal mumbo-jumbo, we are fine if
you use it in the public domain. Or they can say, we the government own
the people's data and the people don't have unrestricted rights to the
data, etc, because the state laws allow them to do that.
Brian
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