Re: [OSM-legal-talk] Licence compatibility: Open Data Licence for The Regional Municipality of Peel (Version 1.0)

[Stewart Russell]

On 9 September 2016 at 11:22, Simon Poole  wrote:
>
> I believe it was one of the major issues that openaddresses.uk ran in
> to,  see
>
https://www.scribd.com/document_downloads/265440465?extension=pdf=embed=embed
> page 48 and following.


Uh oh, so does that mean the UK Postcode database is back closed/was never
really open? This is a little troubling for us in Canada, as Canada Post
has been pulling stunts like threatening a crowdsourced postal code (as we
call 'em) database with legal action. This suit has been withdrawn, but
leaves a whole mess of unanswered questions.

But back to the Region of Peel. I've cc'd Kevin, who is Peel's open data
champion and active as a mapper and on talk-ca. He asked me if there were
example requests you could maybe point to that have been used in the past.
I was thinking something roughly along the lines of:

OSM volunteers in Ontario wish to incorporate the following data sets
kindly provided by Region of Peel under the [full_name_of_Peel_licence]
licence:

1) building outlines for Caledon;
2) address points.

We seek permission to republish these data under the ODbL, as used by OSM.
We would like to have clarification that:

a) the licence termination on breach clause can be relaxed regarding
unlawful use. Once data are in OSM, we have no control over users'
application of the data; and
b) that Region of Peel can confirm that all rights to the open data sets
are held by the Region, and that no third party databases have been used to
derive the data sets.

Is that roughly what a request looks like? I know that the address points
are very likely developed internally by Peel (and there are no Postal Codes
included) but the building outlines may have been derived from third-party
LIDAR or orthophotos.

Best Wishes,
 Stewart
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[OSM-legal-talk] Licence compatibility: Open Data Licence for The Regional Municipality of Peel (Version 1.0)

[Stewart Russell]

Hi - this came up on talk-ca, and I want to make sure I'm not being too
restrictive.

Licence is a near clone of the UK OGL 1.0. Full text is here:
http://opendata.peelregion.ca/terms-of-use.aspx
Like many Canadian municipalities, they've added their own secret sauce,
unfortunately. In the "You must" section, they added:

[You must] ensure that Your Use of the Information does not breach or
infringe upon any applicable laws

The OGL has automatic termination on breach, and most versions don't
include this clause.

Would this term potentially add complications for anyone downstream using
the data - say to plan a public protest that authorities deem illegal?

The Regional Municipality of Peel's open data person is an active OSM
participant, and they say that it might take time for permission to use the
data under a more OSM-friendly library.

Your advice greatly appreciated.

Best Wishes,
 Stewart

-- 
http://scruss.com/blog/ - 73 de VA3PID
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