Re: [talk-au] ODbL data.gov.au permission granted

2011-11-16 Thread Michael Collinson
Thanks Mark and I appreciate your feedback. I very much hope you will be 
able to accept the new terms and get back to mapping and will help if I can.


The direct answer to your question is that if ABS data is available and 
downloaded  from data.gov.au [1], and has a CC-BY license, then yes. I 
checked a fairly large random sample and, indeed, all of them were 
CC-BY. If the dataset is only available from the ABS website [2] then it 
would be best to be cautious and courteous by asking them directly.  I 
have not done so as I believe everything (geographical) that the OSM 
community wants is at data.gov.au, but am happy to do so if asked.


Now, at a practical level, I believe this all boils down to one dataset 
of suburb boundaries [3]. I hope others will correct me if I am wrong 
here. There is also an interesting dataset of  post code areas, I 
believe that has never been imported, but could be done now.


The suburbs dataset in OSM is from 2006 data and was imported by Franc 
under the user account http://www.openstreetmap.org/user/ABS2006.  I 
have confirmed that Franc does not wish to accept the new contributor 
terms on behalf of that account.  It will therefore have to be removed. 
It can be replaced with a newer 2011 dataset [4], so is probably a good 
thing anyway?  Franc has very kindly made the original Perl import 
script available, I can mail it anyone who wants it. Ogr2osm [5] has 
also been recommended to me as a very up-to-date tool.


I am steadily hijacking your original question but my suggestion is that 
this be done fairly soon after a bit of discussion so that folks know 
what is happening, checked that the details I am presenting are correct 
and can give some input.  One question: should all relevant boundaries 
be removed (easy, clean but will also blow away some local corrections 
made by contributors) or should just the ABS2006 user data be removed, 
(which will leave the corrections but be messier and require some manual 
merging when the new 2011 set is imported)?


Hope that helps,
Mike

[1] http://data.gov.au/data/?agency=Australian+Bureau+of+Statistics

[2] _http://www.abs.gov.au/geography_ and 
http://www.abs.gov.au/AUSSTATS/abs@.nsf/webpages/statistics?opendocument 
are good starting points.


[3] http://wiki.openstreetmap.org/wiki/Import/Catalogue/ABS_Data Franc's 
write up on the orginal import


[4] 
http://data.gov.au/dataset/state-suburbs-asgs-non-abs-structures-ed-2011/  
Latest suburb boundaries?


[5] http://wiki.openstreetmap.org/wiki/Ogr2osm  Import tool



On 15/11/2011 23:40, Nilbog_aus_OSM wrote:


Thanks Michael. Actually seeing a full copy of an email including the 
OKing the use of gov.au data is what I was waiting for also. Getting 
an explicit email approving the use is going above and beyond for me 
and much appreciated.


I haven't been following OSM as much as I did now my uses for it have 
dropped. So please forgive me if the following question has been 
answered or has become inflammatory. Does the gov.au Ok also cover the 
ABS data?


As the ABS data is the only thing left stopping me accepting the new 
terms.


Thanks

Mark

*From:* Michael Collinson [mailto:m...@ayeltd.biz]
*Sent:* Wednesday, 16 November 2011 2:34 AM
*To:* OSM Australian Talk List
*Subject:* Re: [talk-au] ODbL data.gov.au permission granted

On 15/11/2011 11:58, 80n wrote:

Can you please publish the verbatim correspondence that you have had 
with your man at data.gov.au http://data.gov.au?  Your 
interpretation is fine, but others may see nuances that you have 
overlooked.


The statement on the wiki is not a statement from data.gov.au 
http://data.gov.au and counts for nothing unless you have a document 
from your man at data.gov.au http://data.gov.au that references it 
and says yes that's ok.  Do you have such a document?



Gosh, this is getting kakfaesque. Hope this puts this it to bed:

http://wiki.openstreetmap.org/wiki/Attribution/data.gov.au_explicit_permission 
and copied below in response to my request today, also copied below.


Mike
-

Hi Michael,

Thank you for your email.

The attribution statement

Contains data from Australian government public information datasets. 
The original datasets are available from the Australian government 
data website http://data.gov.au/ under Creative Commons - 
Attribution 2.5 Australia (CC-BY) 
http://creativecommons.org/licenses/by/2.5/au/ and Creative Commons 
- Attribution 3.0 Australia (CC-BY) 
http://creativecommons.org/licenses/by/3.0/au/. We have also been 
given explicit permission to incorporate and publish such CC-BY 
licensed geographic coordinate datasets under a free and open license, 
including the Open Database License, provided that primary attribution 
is made here and that each dataset used is also listed here in the 
format /Dataset Name, Date Published, License, Agency Name, originally 
retrieved from// //http://data.australia.gov.au/ 
http://data.australia.gov.au

Re: [talk-au] ODbL data.gov.au permission granted

2011-11-16 Thread Michael Collinson

On 15/11/2011 22:38, Andrew Laughton wrote:


Yahoo granted permission for us to trace from their imagery.  yahoo
imagery was available in josm and potlatch for quite some time.  So
I'd expect that your tracing of yahoo imagery is fine unless I
misunderstand what you did.


I knew it was fine at the time, while it licensed by CC-by-SA or CC-by.
I did not know it was OK by them to also publish it under a ODbL license.

This is why I thought both government data and traced data needed to 
be removed because of this license change.


So just to be clear, Nearmap are OK with CC-by-SA, but not with ODbL 
after a certain date ?


Anything traced before 18th June 2011 is fine under both CC-by-SA and 
ODbL.  This remains true if you accept the new contributor terms.


Nearmap's commercial concerns are with the contributor terms rather than 
the licenses.  Ben Last's statement on behalf of Nearmap can be found here:


http://lists.openstreetmap.org/pipermail/talk-au/2011-June/008098.html


Mike
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Re: [talk-au] ODbL data.gov.au permission granted

2011-11-15 Thread Michael Collinson

On 31/10/2011 17:51, 80n wrote:
On Mon, Oct 31, 2011 at 3:59 PM, Michael Collinson m...@ayeltd.biz 
mailto:m...@ayeltd.biz wrote:


Could you please, for about the fifth time of asking, publish a
verbatim

copy the permission that you have received.  If you have some
reason that
you can't then you need to explain yourself.

80n


??

A verbatim copy of the permission that we have received is here:


http://wiki.openstreetmap.org/wiki/Contributors#Australian_government_public_information_datasets

You can see the drafting history using the View History button. It
was created using the input and review of data.gov.au
http://data.gov.au over a series of correspondence I had with
them. I believe it is clear, and by doing it as a public document,
transparent.  They have reviewed and are happy with the final
version, so earlier correspondence, as is usual in legal
discussion and as waldo00 points out, is now superseded.


Are you saying that you published the information on the wiki page and 
*then* asked someone at data.gov.au http://data.gov.au to review it 
and give their assent?  If so then please publish the email or letter 
that contains this affirmation.  I think that is what we are looking for.




And to touch upon other issues raised in this thread:

1) I generally take yes to mean yes rather than looking for
reasons why it should mean no. 



The lack of evidence to support the claim that OSM have explicit 
special permission... is cause enough in this case to not take yes 
at face value.


There is no claim of special permission.



2) No preferential treatment has been given, if anyone else wants
to do the right thing and ask for clarification for a specific use
of data.gov.au http://data.gov.au data for other projects, write
to them.


And indeed Andrew Harvey did just that as he wrote here: 
http://lists.openstreetmap.org/pipermail/talk-au/2011-September/008464.html


The reply contained the statement:
 We do not consider that what we are providing is “special permission”

As this directly contradicts the statement written on the wiki by 
yourself, and echoed in Grant's email, you can surely see why more 
information about this supposed arrangement would help to clarify matters.


I fail to see a contradiction. If you are not sure about something, you 
ask explicitly and get an explicit answer. That is what we got.  That is 
what is written on the wiki with the kind assistance of data.gov.au.


If it helps, me formally affirm and represent what I have said before: I 
have had a series of correspondance with data.gov.au where: 1) I have 
explictly pointed out we are moving to another license specifically 
written for open data, that it might not jive with CC-BY and so they may 
not be happy with the provisions for downstream attributions, and asked 
them if they could explictly give us permission to continue use or if we 
should remove it; 2) The conclusion being yes, we can incorporate and 
publish such CC-BY licensed geographic coordinate datasets under a free 
and open license, including the Open Database License, provided that 
primary attribution is made here 
[http://wiki.openstreetmap.org/wiki/Attribution#Australian_government_public_information_datasets] 
and that each dataset used is also listed here in the format /Dataset 
Name, Date Published, License, Agency Name, originally retrieved from 
http://data.australia.gov.au/; 3) For public transparency, the 
operative version of the statement is not in the correspondance but 
directly drafted at 
http://wiki.openstreetmap.org/wiki/Attribution#Australian_government_public_information_datasets 
and actively reviewed by data.gov.au to their satisfaction.


Mike
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Re: [talk-au] ODbL data.gov.au permission granted

2011-11-15 Thread Andrew Laughton
 I fail to see a contradiction. If you are not sure about something, you
 ask explicitly and get an explicit answer. That is what we got.  That is
 what is written on the wiki with the kind assistance of data.gov.au.
 If it helps, me formally affirm and represent what I have said before: I
 have had a series of correspondance with data.gov.au where: 1) I have
 explictly pointed out we are moving to another license specifically written
 for open data, that it might not jive with CC-BY and so they may not be
 happy with the provisions for downstream attributions, and asked them if
 they could explictly give us permission to continue use or if we should
 remove it; 2) The conclusion being yes, we can incorporate and publish
 such CC-BY licensed geographic coordinate datasets under a free and open
 license, including the Open Database License, provided that primary
 attribution is made here [
 http://wiki.openstreetmap.org/wiki/Attribution#Australian_government_public_information_datasets]
 and that each dataset used is also listed here in the format *Dataset
 Name, Date Published, License, Agency Name, originally retrieved from
 http://data.australia.gov.au*; 3) For public transparency, the operative
 version of the statement is not in the correspondance but directly drafted
 at
 http://wiki.openstreetmap.org/wiki/Attribution#Australian_government_public_information_datasetsand
  actively reviewed by
 data.gov.au to their satisfaction.


Hi Mike

I might be able to help a little.
The words ... provided that primary attribution is made  ...
Would seem at first glance the exclude any license that does not require
attribution.

Perhaps you could explain to us what happens if a third party takes OSM
data, and publishes it without any attribution at all.

Would they be in violation of the Open Database License ? If not, the
problem is that you are now distributing government data in violation of
copyright law.

Andrew.
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Re: [talk-au] ODbL data.gov.au permission granted

2011-11-15 Thread Richard Fairhurst
Andrew Laughton wrote:
 Perhaps you could explain to us what happens if a third party takes 
 OSM data, and publishes it without any attribution at all.
 Would they be in violation of the Open Database License ?

Yes.

The summary (http://opendatacommons.org/licenses/odbl/summary/) says:

Attribute: You must attribute any public use of the database, or works
produced from the database, in the manner specified in the ODbL. For any use
or redistribution of the database, or works produced from it, you must make
clear to others the license of the database and keep intact any notices on
the original database.

And the full licence says:

4.2 Notices. If You Publicly Convey this Database, any Derivative Database,
or the Database as part of a Collective Database, then You must: [...] c.
Keep intact any copyright or Database Right notices and notices that refer
to this License.

4.3 [...] if you Publicly Use a Produced Work, You must include a notice
associated with the Produced Work reasonably calculated to make any Person
that uses, views, accesses, interacts with, or is otherwise exposed to the
Produced Work aware that Content was obtained from the Database, Derivative
Database, or the Database as part of a Collective Database, and that it is
available under this License.

Richard



--
View this message in context: 
http://gis.638310.n2.nabble.com/ODbL-data-gov-au-permission-granted-tp6824368p6995976.html
Sent from the Australia mailing list archive at Nabble.com.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-11-15 Thread Richard Fairhurst
[crosspost removed]

80n wrote:
 Most importantly it allows subsequent copies of the produced work to be
 made with no attribution.

No, it doesn't. An attribution statement without a downstream requirement
is not reasonably calculated. This has been gone over ad nauseam in
legal-talk.

Richard




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Re: [talk-au] ODbL data.gov.au permission granted

2011-11-15 Thread Richard Weait
On Tue, Nov 15, 2011 at 9:54 AM, Andrew Laughton
laughton.and...@gmail.com wrote:
 This is different to what I thought is was.
 Could someone please remind me why Nearmap and Google maps do not want us to
 trace their aerial views ?

That they don't want us to trace from their images is enough.  They
don't need to offer a reason.

 Also if I agree to the new license, is there an easy way to delete all my
 Yahoo aerial tracing, or is this now allowed ?

Why would you want to remove that data?

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Re: [talk-au] ODbL data.gov.au permission granted

2011-11-15 Thread Michael Collinson

On 15/11/2011 11:58, 80n wrote:
Can you please publish the verbatim correspondence that you have had 
with your man at data.gov.au http://data.gov.au?  Your 
interpretation is fine, but others may see nuances that you have 
overlooked.


The statement on the wiki is not a statement from data.gov.au 
http://data.gov.au and counts for nothing unless you have a document 
from your man at data.gov.au http://data.gov.au that references it 
and says yes that's ok.  Do you have such a document?


Gosh, this is getting kakfaesque. Hope this puts this it to bed:

http://wiki.openstreetmap.org/wiki/Attribution/data.gov.au_explicit_permission 
and copied below in response to my request today, also copied below.


Mike
-

Hi Michael,

Thank you for your email.

The attribution statement

“Contains data from Australian government public information datasets. 
The original datasets are available from the Australian government data 
website http://data.gov.au/ under Creative Commons - Attribution 2.5 
Australia (CC-BY) http://creativecommons.org/licenses/by/2.5/au/ and 
Creative Commons - Attribution 3.0 Australia (CC-BY) 
http://creativecommons.org/licenses/by/3.0/au/. We have also been 
given explicit permission to incorporate and publish such CC-BY licensed 
geographic coordinate datasets under a free and open license, including 
the Open Database License, provided that primary attribution is made 
here and that each dataset used is also listed here in the format 
/Dataset Name, Date Published, License, Agency Name, originally 
retrieved from// //http://data.australia.gov.au/ 
http://data.australia.gov.au/: “


accurately reflects what we have said.

Regards,

Data.gov.au team.

On 15/11/2011 11:35, Michael Collinson wrote:


Hi again,

Thanks for your email of 19th October.   I am rather embarrassed to do 
this but may I ask to you give a more formal assent to satisfy some of 
our map data contributors and that I can publish?


May be: The attribution statement

“Contains data from Australian government public information datasets. 
The original datasets are available from the Australian government 
data website http://data.gov.au/ under Creative Commons - 
Attribution 2.5 Australia (CC-BY) 
http://creativecommons.org/licenses/by/2.5/au/ and Creative Commons 
- Attribution 3.0 Australia (CC-BY) 
http://creativecommons.org/licenses/by/3.0/au/. We have also been 
given explicit permission to incorporate and publish such CC-BY 
licensed geographic coordinate datasets under a free and open license, 
including the Open Database License, provided that primary attribution 
is made here and that each dataset used is also listed here in the 
format /Dataset Name, Date Published, License, Agency Name, originally 
retrieved from// //http://data.australia.gov.au/ 
http://data.australia.gov.au/: “


accurately reflects what we have said.

Regards,
Michael Collinson
OpenStreetMap Foundation





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Re: [talk-au] ODbL data.gov.au permission granted

2011-11-15 Thread Andrew Laughton


  Also if I agree to the new license, is there an easy way to delete all my
  Yahoo aerial tracing, or is this now allowed ?

 Why would you want to remove that data?


I do not want to, but this is the reason I originally disagreed, because
the derived data is not compatible with the open database license, and
needed to be removed.
Mostly lakes and rivers.

Is it now OK to leave this data intact ?
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Re: [talk-au] ODbL data.gov.au permission granted

2011-11-15 Thread Richard Weait
On Tue, Nov 15, 2011 at 10:46 AM, Andrew Laughton
laughton.and...@gmail.com wrote:

  Also if I agree to the new license, is there an easy way to delete all
  my
  Yahoo aerial tracing, or is this now allowed ?

 Why would you want to remove that data?

 I do not want to, but this is the reason I originally disagreed, because the
 derived data is not compatible with the open database license, and needed to
 be removed.
 Mostly lakes and rivers.

 Is it now OK to leave this data intact ?

Yahoo granted permission for us to trace from their imagery.  yahoo
imagery was available in josm and potlatch for quite some time.  So
I'd expect that your tracing of yahoo imagery is fine unless I
misunderstand what you did.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-11-15 Thread Michael Collinson

On 15/11/2011 15:54, Andrew Laughton wrote:

This is different to what I thought is was.
Could someone please remind me why Nearmap and Google maps do not want 
us to trace their aerial views ?


Google just don't allow it in their basic terms of service. We have 
asked them to allow us and the informal answer was that the imagery 
comes from different suppliers under different agreements, so it would 
be just too difficult. We also provide a map from our own website as 
well as map data so are a potential competitor ... but that is me 
speculating.


Nearmap have a business model that requires them to claim copyright from 
their commercial customers of not only the imagery but anything that is 
traced from it.  Therefore they were very tightly constrained to make 
sure they did nothing that undermined their commercial business. Both 
they, and us, tried very hard but in the end I guess their lawyers were 
unable to sign off on it from a commercial risk point of view.


Bing make no claim on anything traced as long as it is put in the OSM 
database.  Me speculating again; this is a case where having a 
share-alike license is a good thing, Microsoft, like IBM and Novell with 
Linux, can make something available safe in the knowledge that it cannot 
be snaffled and improved by a competitor during at least a business 
cycle, help their customers with an OSM layer, and eventually spend less 
money on other commercial map providers. It will be great if they can 
extend their higher-resolution coverage of Australian non-city areas, 
something to work on.




Also if I agree to the new license, is there an easy way to delete all 
my Yahoo aerial tracing, or is this now allowed ?


I think I had a source tag on most, if not all of it, but at the 
moment I am locked out from viewing it.


Yahoo imagery is or or shortly will be longer available as they are 
winding up their own map unit, the imagery delivery has been on 
auto-pilot for some time. The permission to use it for past tracing 
remains unchanged and they make no copyright claim over the tracings 
made,  so I hope that solves the question?  If not or you or anyone else 
has other difficult data, let me know and we will try to help. We have 
one instance where a contributor can accept for data in one area of the 
world but not another area, and another instance where a contributor 
feels they cannot accept for contributions made during a certain time 
interval.


Mike

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Re: [talk-au] ODbL data.gov.au permission granted

2011-11-15 Thread Nilbog_aus_OSM
Thanks Michael. Actually seeing a full copy of an email including the OKing
the use of gov.au data is what I was waiting for also. Getting an explicit
email approving the use is going above and beyond for me and much
appreciated. 

 

I haven't been following OSM as much as I did now my uses for it have
dropped. So please forgive me if the following question has been answered or
has become inflammatory. Does the gov.au Ok also cover the ABS data?

As the ABS data is the only thing left stopping me accepting the new terms.

 

Thanks

Mark 

 

 

 

From: Michael Collinson [mailto:m...@ayeltd.biz] 
Sent: Wednesday, 16 November 2011 2:34 AM
To: OSM Australian Talk List
Subject: Re: [talk-au] ODbL data.gov.au permission granted

 

On 15/11/2011 11:58, 80n wrote: 

Can you please publish the verbatim correspondence that you have had with
your man at data.gov.au?  Your interpretation is fine, but others may see
nuances that you have overlooked.

The statement on the wiki is not a statement from data.gov.au and counts for
nothing unless you have a document from your man at data.gov.au that
references it and says yes that's ok.  Do you have such a document?


Gosh, this is getting kakfaesque. Hope this puts this it to bed:

http://wiki.openstreetmap.org/wiki/Attribution/data.gov.au_explicit_permissi
on and copied below in response to my request today, also copied below.

Mike
-

Hi Michael,

 

Thank you for your email.

 

The attribution statement

Contains data from Australian government public information datasets. The
original datasets are available from the http://data.gov.au/  Australian
government data website under
http://creativecommons.org/licenses/by/2.5/au/  Creative Commons -
Attribution 2.5 Australia (CC-BY) and
http://creativecommons.org/licenses/by/3.0/au/  Creative Commons -
Attribution 3.0 Australia (CC-BY). We have also been given explicit
permission to incorporate and publish such CC-BY licensed geographic
coordinate datasets under a free and open license, including the Open
Database License, provided that primary attribution is made here and that
each dataset used is also listed here in the format Dataset Name, Date
Published, License, Agency Name, originally retrieved from
http://data.australia.gov.au/  http://data.australia.gov.au: 

accurately reflects what we have said.

 

Regards,

Data.gov.au team.

On 15/11/2011 11:35, Michael Collinson wrote: 

Hi again,

Thanks for your email of 19th October.   I am rather embarrassed to do this
but may I ask to you give a more formal assent to satisfy some of our map
data contributors and that I can publish?  

May be: The attribution statement

Contains data from Australian government public information datasets. The
original datasets are available from the http://data.gov.au/  Australian
government data website under
http://creativecommons.org/licenses/by/2.5/au/  Creative Commons -
Attribution 2.5 Australia (CC-BY) and
http://creativecommons.org/licenses/by/3.0/au/  Creative Commons -
Attribution 3.0 Australia (CC-BY). We have also been given explicit
permission to incorporate and publish such CC-BY licensed geographic
coordinate datasets under a free and open license, including the Open
Database License, provided that primary attribution is made here and that
each dataset used is also listed here in the format Dataset Name, Date
Published, License, Agency Name, originally retrieved from
http://data.australia.gov.au/  http://data.australia.gov.au: 

accurately reflects what we have said.  

Regards,
Michael Collinson
OpenStreetMap Foundation

 

 

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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread Sam Couter
Richard Weait rich...@weait.com wrote:
 Dear Talk-au,
 
 The License Working Group have had further communication with
 data.au.gov to confirm their position on permitting data.au.gov data
 in OpenStreetMap.  data.au.gov have reviewed the Australian section of
 the attribution page
 
 http://wiki.openstreetmap.org/wiki/Attribution#Australian_government_public_information_datasets
 
 and responded as follows:
 
  That is terrific – thank you
 
  Regards, data.au.gov Team
 
 We trust that you will find this to be sufficient confirmation that it
 is okay to include data from data.gov.au in OpenStreetMap with your
 CT/ODbL accounts.

There's clearly some communication failure going on here. This isn't
sufficient confirmation of anything except maybe that somebody at
data.gov.au thinks something is terrific, probably something on the
attribution page. There's no mention of licence compatibility or special
permission grants, and a complete lack of the clear statements I'd
expect to see. All context has been removed, and the phrase That is
terrific can't stand alone.

Richard, is it possible to simply forward the communications you have
from data.gov.au to this list, or otherwise make them publically
available? That should put the matter to rest one way or another.
-- 
Sam Couter |  mailto:s...@couter.id.au
OpenPGP fingerprint:  A46B 9BB5 3148 7BEA 1F05  5BD5 8530 03AE DE89 C75C


signature.asc
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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread waldo000...@gmail.com
On Mon, Oct 31, 2011 at 9:34 AM, Sam Couter s...@couter.id.au wrote:


 Richard, is it possible to simply forward the communications you have
 from data.gov.au to this list, or otherwise make them publically
 available? That should put the matter to rest one way or another.


+1. Surely forwarding the emails is less work for you anyway than
transcribing parts of the emails (?!).
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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread Chris Barham
On Mon, Oct 31, 2011 at 19:51, waldo000...@gmail.com
waldo000...@gmail.com wrote:
 +1. Surely forwarding the emails is less work for you anyway than
 transcribing parts of the emails (?!).

Did you consider why forwarding the full emails might be less than
wise? - I have, and will share my thoughts:
a number of people on this list are both vocal and vitriolic regarding OSMF.
Making the licence negotiation details public could hand to those who
do not have good intentions towards OSM, potential tools to try and
damage the project.
Scenario A:  A person could cut and paste the detail along with a
whiny cover letter to data.gov.au saying no fair, me want too -
piggy backing on the work done by licence group for the benefit of
OSM, all the while decrying anything OSMF does.
Scenario B:  Someone could nitpick over detail and then jeopardise the
agreement by complaining vociferously to anyone who will listen about
how it's illegal because a full stop is misplaced; maybe complaining
to individual data owners e.g.: Look at this, data.gov.au just
re-licenced your data

I'm not suggesting it will happen, but it could, especially given the
historical (and breathtakingly non-sensical), level of animosity
towards OSMF and it's work.

Unless I misunderstand it, the licence group volunteer to sort this
stuff out,  project users can assume they act in good faith and
applaud their successes.  So why aren't we believing that this is what
they have done, under the oversight of the OSMF (who are there to
oversee)?

Chris

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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread waldo000...@gmail.com
On Mon, Oct 31, 2011 at 1:12 PM, Chris Barham cbar...@pobox.com wrote:

 ...
 Making the licence negotiation details public could hand to those who
 do not have good intentions towards OSM, potential tools to try and
 damage the project.

Wow. If this is true, then the situation is worse than I thought. Is
the only option left for OSMF to withhold this kind of important
information from contributors? That's not the sort of community I want
to be a part of. :-(

Anyway, if I understand correctly, I don't think anyone cares about
the negotiation details, but rather we want to see the final, formal
document authorised by the necessary parties. Regardless of how scared
OSMF is of detractors, I think such a document is still a valid
request of contributors/supporters (like me).

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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread Andrew Laughton
On 31 October 2011 20:12, Chris Barham cbar...@pobox.com wrote:

 On Mon, Oct 31, 2011 at 19:51, waldo000...@gmail.com
 waldo000...@gmail.com wrote:
  +1. Surely forwarding the emails is less work for you anyway than
  transcribing parts of the emails (?!).

 Did you consider why forwarding the full emails might be less than
 wise? - I have, and will share my thoughts:
 a number of people on this list are both vocal and vitriolic regarding
 OSMF.


And with very good reason, you must be new here.



 Making the licence negotiation details public could hand to those who
 do not have good intentions towards OSM, potential tools to try and
 damage the project.
 Scenario A:  A person could cut and paste the detail along with a
 whiny cover letter to data.gov.au saying no fair, me want too -
 piggy backing on the work done by licence group for the benefit of
 OSM, all the while decrying anything OSMF does.


Can anybody give any good reasons why OSMF, or any other group or
organization should be given preferential treatment ?
Possibly you would prefer if someone like Bing bought exclusive rights to
this data, and no-one else could use it.

The whole point of the OSM license change was to allow other people to
piggy back on their work, to take it without attributing any
acknowledgement to the original source.
While in some ways this is different, it seems very hypocritical to want to
deny others the same rights, or to build on work that you have already done.
Possibly you need to read the new OSM license again to try to understand
the implications.




 Scenario B:  Someone could nitpick over detail and then jeopardise the
 agreement by complaining vociferously to anyone who will listen about
 how it's illegal because a full stop is misplaced; maybe complaining
 to individual data owners e.g.: Look at this, data.gov.au just
 re-licenced your data


Option 1
Crowd-source the fault finding, get everything right before anything is
built on it.

Option 2
Allow a potential time bomb into the project, in a year or two, some other
mapping company or business might decide that OSM is a threat to them, and
use these flaws to sink OSM.
How much money does OSM have to defend itself ?,  even just the threat
should work if the original assumption is wrong in law.

It would appear you prefer Option 2.





 I'm not suggesting it will happen, but it could, especially given the
 historical (and breathtakingly non-sensical), level of animosity
 towards OSMF and it's work.

 Unless I misunderstand it, the licence group volunteer to sort this
 stuff out,  project users can assume they act in good faith and
 applaud their successes.  So why aren't we believing that this is what
 they have done, under the oversight of the OSMF (who are there to
 oversee)?

 Chris



Sounds good to me.  If OSM want to shoot themselves in the foot, what right
do mappers have to disagree ?

But then on the other hand, possibly the comments are not exclusivly for
OSM, possibly they are being made to stop other projects from falling into
the same trap.

Andrew.
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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread John Smith
On 31 October 2011 14:44, Richard Weait rich...@weait.com wrote:
 Are you suggesting that data.gov.au aren't aware of their own license
 terms or that they are acting outside of their terms?  What evidence
 to you provide to support your accusations?

A non-trivial amount of data is listed as crown copyright or
proprietary licensed, neither of which is compatible with the ODBL or
the CT even if you do attribute.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread Liz
On Sun, 30 Oct 2011 23:44:13 -0400
Richard Weait rich...@weait.com wrote:

 On Sun, Oct 30, 2011 at 10:31 PM, Liz ed...@billiau.net wrote:
 
  As we are trying to tell you, AGIMO, who owns the data.gov.au
  domain, does not grant any copyright permissions whatsoever. They
  are a place which consolidates data and makes it available, but the
  actual government department or qango which owns the data has to be
  approached for an alteration in any licence conditions or
  confirmation of licence conditions.
 
 Are you suggesting that data.gov.au aren't aware of their own license
 terms or that they are acting outside of their terms?  What evidence
 to you provide to support your accusations?
 


I draw your attention to the following page
http://data.gov.au/data/how-to-submit-a-dataset/
As you read this page, you will see that the submitting government
authority specifies the licence under which the data is distributed,
not AGIMO (data.gov.au)

Licensing your dataset

13. Choose a license for your dataset from the drop down box.



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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread Liz
On Mon, 31 Oct 2011 19:34:48 +1100
Sam Couter s...@couter.id.au wrote:

 Richard Weait rich...@weait.com wrote:
  Dear Talk-au,
  
  The License Working Group have had further communication with
  data.au.gov to confirm their position on permitting data.au.gov data
  in OpenStreetMap.  data.au.gov have reviewed the Australian section
  of the attribution page
  
  http://wiki.openstreetmap.org/wiki/Attribution#Australian_government_public_information_datasets
  
  and responded as follows:
  
   That is terrific – thank you
  
   Regards, data.au.gov Team
  
  We trust that you will find this to be sufficient confirmation that
  it is okay to include data from data.gov.au in OpenStreetMap with
  your CT/ODbL accounts.
 
 There's clearly some communication failure going on here. This isn't
 sufficient confirmation of anything except maybe that somebody at
 data.gov.au thinks something is terrific, probably something on the
 attribution page. There's no mention of licence compatibility or
 special permission grants, and a complete lack of the clear
 statements I'd expect to see. All context has been removed, and the
 phrase That is terrific can't stand alone.
 
 Richard, is it possible to simply forward the communications you have
 from data.gov.au to this list, or otherwise make them publically
 available? That should put the matter to rest one way or another.

The answer from AGIMO (data.gov.au) will actually be irrelevant. 

Problem 1
At the beginning (email one of this thread) Grant said 
You will see two lists.  The first are datasets that are definitely
from data.gov.au. The second is a list we are unsure of and will be
working to contact individual agencies now we have the basic principle
in place.
This is the big misunderstanding. AGIMO only hosts or provides links to
the datasets, all of them. It does not own any, and any request for
permission to use these copyright works other than under the originally
published licence has to come from the copyright holder.
For example, the first one on the first list is
National Parks and Asset Locations (South Australia), 29 October 2009,
CC-BY 2.5 Australia, Department for Environment and Heritage (SA),
originally retrieved from http://data.gov.au/589
If you want to use this under ODbL you have to ask DEH of SA. No use
asking AGIMO, because it is a totally different government and has no
ownership nor jurisdiction over the data.

Can we finally get this straight?

For example
I take a photo. My sister publishes a link to the photo. Asking for
permission to use it from my sister is inappropriate. We are related,
but its not hers to approve any other use.


Problem 2.
There has been a lot written about reusing CC-by under ODbL. The
incompatibility has been with the Contributor Terms. I am not going to
read them again, and I don't care what they are now, but they were the
big sticking point of legality. 

For example
OSMF asks that my sister gives permission for the (same) photo to be
used in OSMF owned dataset. My sister cannot give the permission
because the photo isn't hers.


The Dunny Database is quite specific in its licence on this point -
prohibiting sublicensing absolutely. I have not examined any of the
other individual licences of data on AGIMO's site.


Liz

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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread 80n
On Tue, Sep 27, 2011 at 1:39 PM, 80n 80n...@gmail.com wrote:

 On Tue, Sep 27, 2011 at 12:53 PM, Grant Slater 
 openstreet...@firefishy.com wrote:

 On 27 September 2011 12:09, 80n 80n...@gmail.com wrote:
 
  Thank you, Andrew.
 
  I wonder if Grant received a similar answer but interpreted it in a
  different way.  Grant?
 

 Hi 80n, yes the responses will be forthcoming. We are waiting on some
 further clarifications. LWG also now only meet fortnightly.


 Grant
 If you have explicit special permission why do you seek further
 clarification?  Was it not explicit enough?

 Perhaps you'd be kind enough to publish the text of the permission you
 have received.  We can then see for ourselves.


Grant
I'm still waiting for a response to this.  Is there some reason why you
cannot publish what you have?

We've seen how wires get crossed with Richard's attempt to transcribe a
message.  Anything less than a verbatim copy of what you received has the
potential to lead to confusion and misunderstand.

80n
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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread 80n
On Mon, Oct 31, 2011 at 10:31 AM, Grant Slater
openstreet...@firefishy.comwrote:

 [personal comments redacted]

 / Grant

 Grant
You forgot to cc the lists.

Could you please, for about the fifth time of asking, publish a verbatim
copy the permission that you have received.  If you have some reason that
you can't then you need to explain yourself.

80n
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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread 80n
On Mon, Oct 31, 2011 at 12:12 PM, Chris Barham cbar...@pobox.com wrote:

 On Mon, Oct 31, 2011 at 19:51, waldo000...@gmail.com
 waldo000...@gmail.com wrote:
  +1. Surely forwarding the emails is less work for you anyway than
  transcribing parts of the emails (?!).

 Did you consider why forwarding the full emails might be less than
 wise? - I have, and will share my thoughts:
 a number of people on this list are both vocal and vitriolic regarding
 OSMF.
 Making the licence negotiation details public could hand to those who
 do not have good intentions towards OSM, potential tools to try and
 damage the project.
 Scenario A:  A person could cut and paste the detail along with a
 whiny cover letter to data.gov.au saying no fair, me want too -
 piggy backing on the work done by licence group for the benefit of
 OSM, all the while decrying anything OSMF does.
 Scenario B:  Someone could nitpick over detail and then jeopardise the
 agreement by complaining vociferously to anyone who will listen about
 how it's illegal because a full stop is misplaced; maybe complaining
 to individual data owners e.g.: Look at this, data.gov.au just
 re-licenced your data


If that were the case then I'm sure that the LWG is capable of making these
points themselves.  The fact is they haven't given any justification for
not disclosing the original text of the statement.

Copyright infringement is a serious business.  Anyone who is encouraged to
copy from some third party source without being able to refer to an
authoritative permission is taking big risks.



 I'm not suggesting it will happen, but it could, especially given the
 historical (and breathtakingly non-sensical), level of animosity
 towards OSMF and it's work.


Regardless of whether this could happen (and I am sure it wouldn't), it's
not a good enough reason to not do the right thing.  Clarity and
transparency is essential if their efforts are to be trusted.



 Unless I misunderstand it, the licence group volunteer to sort this
 stuff out,  project users can assume they act in good faith and
 applaud their successes.  So why aren't we believing that this is what
 they have done, under the oversight of the OSMF (who are there to
 oversee)?


*Never attribute to malice that which

*
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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread Michael Collinson

Could you please, for about the fifth time of asking, publish a verbatim

copy the permission that you have received.  If you have some reason that
you can't then you need to explain yourself.

80n


??

A verbatim copy of the permission that we have received is here:

http://wiki.openstreetmap.org/wiki/Contributors#Australian_government_public_information_datasets

You can see the drafting history using the View History button. It was 
created using the input and review of data.gov.au over a series of 
correspondence I had with them. I believe it is clear, and by doing it 
as a public document, transparent.  They have reviewed and are happy 
with the final version, so earlier correspondence, as is usual in legal 
discussion and as waldo00 points out, is now superseded.


And to touch upon other issues raised in this thread:

1) I generally take yes to mean yes rather than looking for reasons 
why it should mean no.


2) No preferential treatment has been given, if anyone else wants to do 
the right thing and ask for clarification for a specific use of 
data.gov.au data for other projects, write to them.


3) Having lived and worked some years in Australia, I do not recognise 
the description of government officials given. I have generally found 
them to be straight-forward and pragmatic. My dealings here were no 
exception.


Hope that helps,
Mike

Michael Collinson
Chair, LWG

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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-31 Thread waldo000...@gmail.com
On Mon, Oct 31, 2011 at 4:59 PM, Michael Collinson m...@ayeltd.biz wrote:

 1) I generally take yes to mean yes rather than looking for reasons why
 it should mean no.

Just so you know, this kind of statement may be interpreted by some as
go away, don't ask for details, I don't care if you have concerns, I
know better than you. In Australia (and Britain, I guess), we say
that one feels one has been fobbed off
(http://www.macmillandictionary.com/dictionary/british/fob)

Nevertheless, thanks for the other details. :)

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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-30 Thread John Smith
On 31 October 2011 12:30, Richard Weait rich...@weait.com wrote:
 I think that data.gov.au can be taken at their word and that they have
 a clear understanding of which rights they may or may not grant.

They're a clearing house, nothing more, and don't own any of the content.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-30 Thread Richard Weait
On Sun, Oct 30, 2011 at 9:50 PM, Liz ed...@billiau.net wrote:
 On Sun, 30 Oct 2011 20:19:56 -0400
 Richard Weait rich...@weait.com wrote:

 http://wiki.openstreetmap.org/wiki/Attribution#Australian_government_public_information_datasets

 and responded as follows:

  That is terrific – thank you
 
  Regards, data.au.gov Team


 Looks blatantly fraudulent

No.

 it's data.gov.au

Of course it is.  And they got it right in the original.  I flipped au
and gov in the transcription.  Sorry.

 and again, they don't own the data, the data is owned by other entities
 in the name of the Crown

And still, they'd know what they may and may not permit.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-30 Thread John Smith
On 31 October 2011 13:10, Richard Weait rich...@weait.com wrote:
 And still, they'd know what they may and may not permit.

You haven't dealt with government plebs much have you?

They are one of the most unpleasant races in the galaxy. Not actually
evil, but bad-tempered, bureaucratic, officious, and callous. They
wouldn't even lift a finger to save their own grandmothers from the
ravenous Bug-Blatter Beast of Traal without orders signed in
triplicate, sent in, sent back, lost, found, queried, subjected to
public inquiry, lost again, and finally buried in soft peat for three
months and recycled as firelighter.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-30 Thread Liz
On Sun, 30 Oct 2011 22:10:36 -0400
Richard Weait rich...@weait.com wrote:

 On Sun, Oct 30, 2011 at 9:50 PM, Liz ed...@billiau.net wrote:
  On Sun, 30 Oct 2011 20:19:56 -0400
  Richard Weait rich...@weait.com wrote:
 
  http://wiki.openstreetmap.org/wiki/Attribution#Australian_government_public_information_datasets
 
  and responded as follows:
 
   That is terrific – thank you
  
   Regards, data.au.gov Team
 
 
  Looks blatantly fraudulent
 
 No.
 
  it's data.gov.au
 
 Of course it is.  And they got it right in the original.  I flipped au
 and gov in the transcription.  Sorry.
 
  and again, they don't own the data, the data is owned by other
  entities in the name of the Crown
 
 And still, they'd know what they may and may not permit.
 
 ___

Well I suggest that you don't transcribe.
I suggest you use copy and paste as normal lazy people do.
You have omitted the entire context.
Last time you made these claims, we asked for the original to made
available, and we still haven't seen an original.

When I get an email from a bureaucrat, it follows a specific formula
Dear writer
In reply to email of date xxyyzz
Text
End Text
Yours sincerely
Joe Bureaucrat
Head_Of_Writing_Emails
Department of XXYY

As we are trying to tell you, AGIMO, who owns the data.gov.au domain,
does not grant any copyright permissions whatsoever. They are a place
which consolidates data and makes it available, but the actual
government department or qango which owns the data has to be approached
for an alteration in any licence conditions or confirmation of licence
conditions.

As you persist down this path, you will be responsible for putting in
your ODbL-licensed database material which is incompatible, as it is
CC-BY 2.5 licensed data.

Liz

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Re: [talk-au] ODbL data.gov.au permission granted

2011-10-30 Thread Richard Weait
On Sun, Oct 30, 2011 at 10:31 PM, Liz ed...@billiau.net wrote:

 As we are trying to tell you, AGIMO, who owns the data.gov.au domain,
 does not grant any copyright permissions whatsoever. They are a place
 which consolidates data and makes it available, but the actual
 government department or qango which owns the data has to be approached
 for an alteration in any licence conditions or confirmation of licence
 conditions.

Are you suggesting that data.gov.au aren't aware of their own license
terms or that they are acting outside of their terms?  What evidence
to you provide to support your accusations?

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-27 Thread Andrew Harvey
On Tue, Sep 27, 2011 at 2:48 AM, 80n 80n...@gmail.com wrote:
 Andrew, that's great that you've had a response from AGIMO.

Yes it is, I made sure to thank them for this.

 Would it be possible for you to share a copy of their response with this
 group?  I've made a similar request to Grant about his explicit, express
 permission and it seems reasonable to ask you the same question.

 Sadly, we really need first hand documentary evidence for any claim, either
 way, to have any value.

Below I quote the response from the data.gov.au team which I received:

OpenStreetMap (OSM) are utilising datasets made available from data.gov.au
under CC-BY 2.5 or CC-BY 3.0 only.  They are required to attribute the authors
correctly, which they now are through their Wiki.  This provides an appropriate
chain of attribution, in accordance with Creative Commons licensing, for any
end user of OSM products.

In the example you provided, you as end user would be obliged to attribute
OSM when you used the extracted data.  They, in turn, are obliged to attribute
the original government dataset. We do not consider that what we are providing
is “special permission” – we have only clarified our position on appropriate
attribution.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-27 Thread Grant Slater
On 27 September 2011 12:09, 80n 80n...@gmail.com wrote:

 Thank you, Andrew.

 I wonder if Grant received a similar answer but interpreted it in a
 different way.  Grant?


Hi 80n, yes the responses will be forthcoming. We are waiting on some
further clarifications. LWG also now only meet fortnightly.

80n, why the interest in Australian gov data licensing? Or maybe we'll
never know. ;-)

/ Grant

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-27 Thread Grant Slater
On 27 September 2011 11:22, Andrew Harvey andrew.harv...@gmail.com wrote:

 Below I quote the response from the data.gov.au team which I received:

OpenStreetMap (OSM) are utilising datasets made available from data.gov.au
under CC-BY 2.5 or CC-BY 3.0 only.  They are required to attribute the authors
correctly, which they now are through their Wiki.  This provides an 
appropriate
chain of attribution, in accordance with Creative Commons licensing, for any
end user of OSM products.

In the example you provided, you as end user would be obliged to attribute
OSM when you used the extracted data.  They, in turn, are obliged to attribute
the original government dataset. We do not consider that what we are providing
is “special permission” – we have only clarified our position on appropriate
attribution.


Andrew, could you share the text of the questions + examples asked? It
has an impact on the 2nd paragraph of their response.

Regards
 Grant

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-27 Thread Andrew Harvey
On Tue, Sep 27, 2011 at 9:58 PM, Grant Slater
openstreet...@firefishy.com wrote:
 Andrew, could you share the text of the questions + examples asked? It
 has an impact on the 2nd paragraph of their response.

My complete query which they replied to was:



Hi,

I see someone representing OpenStreetMap who claims that the AGIMO has
given OpenStreetMap special permissions regarding the use of some of
various agencies data on data.gov.au:

http://lists.openstreetmap.org/pipermail/talk-au/2011-September/008453.html

I would like to confirm if this is actually the case, and if so can I
ask why the AGIMO has given OpenStreetMap privileged special
permissions? I would ask that the AGIMO grant the same conditions to
everyone by a public license to anyone by dual licensing the data
under the current CC license in dual with the license given to
OpenStreetMap.

We have been careful to point out that (under ODbL) we are not asking
folks who make visual maps from OpenStreetMap to provide secondary
attribution to each and every contributor, so would not be in
compliance with the CC-BY Australia 2.5 and 3.0 license their data is
normally provided under. They have raised no objection to this.

Regarding the above point, this means that people who use the data
from data.gov.au which they have obtained through OpenStreetMap, won't
be required to attribute the original government authority, only
OpenStreetMap. e.g. I could extract all the centerlink locations from
OpenStreetMap (which OSM pulled from data.gov.au) and then use that
data in a map without attributing the Commonwealth of Australia, or
any other government agency. If you are going to grant this permission
to OpenStreetMap, please grant it to the rest of us, ie. don't require
attribution (because that is what it seems you have allowed
OpenStreetMap to do by giving special privilege to them).

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-27 Thread 80n
On Tue, Sep 27, 2011 at 11:22 AM, Andrew Harvey andrew.harv...@gmail.comwrote:

 On Tue, Sep 27, 2011 at 2:48 AM, 80n 80n...@gmail.com wrote:
  Andrew, that's great that you've had a response from AGIMO.

 Yes it is, I made sure to thank them for this.

  Would it be possible for you to share a copy of their response with this
  group?  I've made a similar request to Grant about his explicit, express
  permission and it seems reasonable to ask you the same question.
 
  Sadly, we really need first hand documentary evidence for any claim,
 either
  way, to have any value.

 Below I quote the response from the data.gov.au team which I received:

 OpenStreetMap (OSM) are utilising datasets made available from
 data.gov.au
 under CC-BY 2.5 or CC-BY 3.0 only.  They are required to attribute the
 authors
 correctly, which they now are through their Wiki.  This provides an
 appropriate
 chain of attribution, in accordance with Creative Commons licensing, for
 any
 end user of OSM products.
 
 In the example you provided, you as end user would be obliged to attribute
 OSM when you used the extracted data.  They, in turn, are obliged to
 attribute
 the original government dataset. We do not consider that what we are
 providing
 is “special permission” – we have only clarified our position on
 appropriate
 attribution.


Thank you, Andrew.

I wonder if Grant received a similar answer but interpreted it in a
different way.  Grant?

Perhaps we'll never know

80n
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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-27 Thread 80n
On Tue, Sep 27, 2011 at 12:53 PM, Grant Slater
openstreet...@firefishy.comwrote:

 On 27 September 2011 12:09, 80n 80n...@gmail.com wrote:
 
  Thank you, Andrew.
 
  I wonder if Grant received a similar answer but interpreted it in a
  different way.  Grant?
 

 Hi 80n, yes the responses will be forthcoming. We are waiting on some
 further clarifications. LWG also now only meet fortnightly.


Grant
If you have explicit special permission why do you seek further
clarification?  Was it not explicit enough?

Perhaps you'd be kind enough to publish the text of the permission you have
received.  We can then see for ourselves.




 80n, why the interest in Australian gov data licensing? Or maybe we'll
 never know. ;-)


I'm interested in all matters relating to OSM licensing.  Particularly
statements that might encourage contributors to damage the provenance of OSM
by submitting content that infringes other people's rights.

As you know the value of OSM is that it is (largely) unencumbered by
contributions from sources that reserve copyright.  While some people may
have lower standards than others, anything that increases the amount of
infringing material in OSM needs to be resisted.

Your unattributed statements are likely to be damaging unless you provide
the documentary evidence to back them up.  At first you claim to have
explicit special permission but now you are back pedalling and seeking
clarification.  It would have been much better, and would *still* be much
better, if you were to just publish what you received verbatim.  Is there
some reason why you are unwilling or unable to do this?

80n
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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-26 Thread Andrew Harvey
On Sat, Sep 24, 2011 at 4:43 PM, Andrew Harvey andrew.harv...@gmail.com wrote:
 I've just sent an enquiry to the AGIMO asking if this is true because
 the LWG has given no proof.

 Just like others I would like to know if the AGIMO has the authority
 to do a blanket license grant on other agencies data, or if they have
 actually received this special permission from each agency who's data
 is on data.gov.au.

 Thirdly if this is true, then I feel this is shockingly poor behaviour
 of the AGIMO. To grant special permissions exclusively to one party,
 which is made even worse when done behind closed doors... I would very
 much welcome less restrictive licensing of government owned data, but
 to give special privilege to OSM but no one else isn't very good
 behaviour of a Government in my humble opinion.


Righto, I've got a response from the AGIMO. They have clarified that
they have not granted any additional license to OSM. OSM can only use
the data under the existing licenses (i.e. the existing CC licenses).

From my understanding of the response I got from the AGIMO, the AGIMO
provided clarification on the attribution requirement of the CC
licenses applied to the government datasets. The AGIMO said OSM is
required to attribute the authors [of the government CC licensed
datasets], and they are happy with the attribution OSM gives on the
wiki.

The AGIMO are also happy for end users of OSM data [where that OSM
data contains CC gov data] to attribute the data as from OSM, and then
have OSM attribute the government source. So in other words they are
happy for their attribution to be chained through the works.

My understanding all along was you have the OSM database, that
database is a collective/collaborative work, and every contributor
owns the copyright/join copyright to the parts of the database that
they have contributed. Any users of the OSM database must attribute
all the individual copyright holders as per the CC-BY-SA license, but
most OSM contributors seem happy with OSM data users attributing OSM
Contributors with a link to OSM.org, where in turn they can find more
fine grain attribution via the planet dump or API.

However, if the OSMF wanted to license the OSM database which included
CC-BY data.gov.au works under a license where map images made from
such data need not provide any attribution, then OSMF doesn't have the
rights to grant that right, as they don't own the copyright to
data.gov.au data, nor do they have permission to license such data
under a license that does not require any form of attribution for
produced works. That is my concern, however I'm not really up to speed
with produced works and that whole area, so any pointers of my flaws
are quite welcome.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-26 Thread John Smith
On 25 September 2011 15:58, Ian Sergeant inas66+...@gmail.com wrote:
 Secondly, With the greatest respect to the user concerned, who has been a
 great contributor to OSM, I don't think we need necessarily respect his
 wishes.  We need to look a bit more carefully at this area to see if
 anything has happened between the data source and OSM which could possibly
 be considered creative or original, or if it is just a pure data
 translation.

The data imported was cc-by-sa at the time, you can't just strip that
license condition out, you'd have to reimport otherwise you'd be in
breach of the original condition placed on the person importing.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-26 Thread 80n
On Fri, Sep 23, 2011 at 3:10 PM, Grant Slater
openstreet...@firefishy.comwrote:

 The Licensing Working Group has obtained explicit special permission


Hi Grant, are you there?

Can you please provide a link to this explict special permission that you've
obtained?

I'd particularly like to know what they think they've granted as a right,
rather than what permissions you think they've given.

80n
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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-26 Thread 80n
On Mon, Sep 26, 2011 at 11:08 AM, Andrew Harvey andrew.harv...@gmail.comwrote:


 Righto, I've got a response from the AGIMO. They have clarified that
 they have not granted any additional license to OSM. OSM can only use
 the data under the existing licenses (i.e. the existing CC licenses).


Andrew, that's great that you've had a response from AGIMO.

Would it be possible for you to share a copy of their response with this
group?  I've made a similar request to Grant about his explicit, express
permission and it seems reasonable to ask you the same question.

Sadly, we really need first hand documentary evidence for any claim, either
way, to have any value.

80n
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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-25 Thread James Livingston
On 24 September 2011 00:10, Grant Slater openstreet...@firefishy.comwrote:

   * Queensland national parks, state forests and conservation areas


That dataset was actually done as two imports by two different people.

The first was being done by me, from about 18 month to 15 months ago -
manually going through the data since it also contained useful things like
roads and rivers embedded in the data. I imported about 25-40% of the
dataset, before stopping due to the licensing mess going on, because at the
time the data wasn't compatible with the CTs and I didn't see any point
continuing if the data was just going to be removed.

The second import was done a few months ago IIRC, but I can't remember off
the top of my head who was doing it. We did have a chat on #osm-au about it.


If the dataset is now acceptable as far as re-licensing is concerned, I can
go and flip my account from disagreeing with the CTs to agreeing with them,
since data.gov.au things (especially the parks data) were the last of the
datasets with issues for me :)

-- 
James
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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-24 Thread Andrew Harvey
I've just sent an enquiry to the AGIMO asking if this is true because
the LWG has given no proof.

Just like others I would like to know if the AGIMO has the authority
to do a blanket license grant on other agencies data, or if they have
actually received this special permission from each agency who's data
is on data.gov.au.

Thirdly if this is true, then I feel this is shockingly poor behaviour
of the AGIMO. To grant special permissions exclusively to one party,
which is made even worse when done behind closed doors... I would very
much welcome less restrictive licensing of government owned data, but
to give special privilege to OSM but no one else isn't very good
behaviour of a Government in my humble opinion.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-24 Thread Alex (Maxious) Sadleir
Okay seriously guys, no matter how much you hate LWG/OSMF, don't take
this out on AGIMO or the state governments.
Grant's opening post to this thread has been circulated widely by
AGIMO staff today, it's not a hoax and obviously by announcing it
publicly, not behind closed doors!

Under the new IP policy, anybody can write to any federal agency and
ask politely for another **open** licence:

11.(b) Consistent with the need for free and open re-use and
adaptation, public sector information should be licensed by agencies
under the Creative Commons BY standard as the default.

An agency’s starting position when determining how to license its
public sector information should be to consider Creative Commons
licences (http://creativecommons.org.au/) or other open content
licences.

Agencies should license their public sector information under a
Creative Commons licence or other open content licence following a
process of due diligence and on a case-by-case basis.

On Sat, Sep 24, 2011 at 4:43 PM, Andrew Harvey andrew.harv...@gmail.com wrote:
 I've just sent an enquiry to the AGIMO asking if this is true because
 the LWG has given no proof.

 Just like others I would like to know if the AGIMO has the authority
 to do a blanket license grant on other agencies data, or if they have
 actually received this special permission from each agency who's data
 is on data.gov.au.

 Thirdly if this is true, then I feel this is shockingly poor behaviour
 of the AGIMO. To grant special permissions exclusively to one party,
 which is made even worse when done behind closed doors... I would very
 much welcome less restrictive licensing of government owned data, but
 to give special privilege to OSM but no one else isn't very good
 behaviour of a Government in my humble opinion.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-24 Thread Andrew Harvey
On Sat, Sep 24, 2011 at 5:04 PM, Alex (Maxious) Sadleir
maxi...@gmail.com wrote:
 Okay seriously guys, no matter how much you hate LWG/OSMF, don't take
 this out on AGIMO or the state governments.
 Grant's opening post to this thread has been circulated widely by
 AGIMO staff today, it's not a hoax and obviously by announcing it
 publicly, not behind closed doors!

Can you point me to the public announcement by the AGIMO? Thanks.


 Under the new IP policy, anybody can write to any federal agency and
 ask politely for another **open** licence:

 11.(b) Consistent with the need for free and open re-use and
 adaptation, public sector information should be licensed by agencies
 under the Creative Commons BY standard as the default.

 An agency’s starting position when determining how to license its
 public sector information should be to consider Creative Commons
 licences (http://creativecommons.org.au/) or other open content
 licences.

 Agencies should license their public sector information under a
 Creative Commons licence or other open content licence following a
 process of due diligence and on a case-by-case basis.


If the AGIMO has granted OSM the right to publish data.gov.au datasets
under a license that does not require attribution, how can I request
the same permission from the AGIMO granted to myself? From there can I
port it to CC0? If the AGIMO are happy and able to do this, why
haven't they done this already?

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-24 Thread Christopher Barham

On 24/09/2011, at 12:10 AM, Grant Slater wrote:

 The Licensing Working Group has obtained explicit special permission
 to incorporate geographic datasets from data.gov.au in the
 OpenStreetMap project database published under any free and open
 license, including ODbL
SNIP

This is great news!  Congratulations are due to the LWG for making this happen.

 
 And that leaves these others where we are not yet sure exactly where
 they came from:
 * Queensland police stations
 * NSW Geographic Names Board places (importer contacted)
 * Queensland national parks, state forests and conservation areas
 


* I don't think Qld Police Stations have been imported.. at least not in their 
entirety, as I found one recently at Augenthella that wasn't mapped.
* Qld Nat Parks etc data source and import is documented on the wiki at: 
http://wiki.openstreetmap.org/wiki/Australia/Queensland/The_Department_of_Environment_and_Resource_Management/Protected_Areas_Import


Regards,
Chris
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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-24 Thread Ian Sergeant
On 24 September 2011 00:10, Grant Slater openstreet...@firefishy.comwrote:

 The Licensing Working Group has obtained explicit special permission
 to incorporate geographic datasets from data.gov.au in the
 OpenStreetMap project database published under any free and open
 license, including ODbL,


...

Regretfully, the user who imported the
 data will not accept the new CTs for the ABS2006 import account and we
 respect his wishes.


Firstly, excellent news - well done to all involved.

Secondly, With the greatest respect to the user concerned, who has been a
great contributor to OSM, I don't think we need necessarily respect his
wishes.  We need to look a bit more carefully at this area to see if
anything has happened between the data source and OSM which could possibly
be considered creative or original, or if it is just a pure data
translation.

Thirdly, lets make sure we take small steps with any renewed data imports.
The 2006 ABS import has had some great uses, but there are still gaps in the
community understanding of what it is and how we can use it.  Hopefully we
can learn from the previous mistakes before performing or renewing any mass
data imports.

Ian.
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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-23 Thread Alex (Maxious) Sadleir
On Sat, Sep 24, 2011 at 12:10 AM, Grant Slater
openstreet...@firefishy.com wrote:
 The Licensing Working Group has obtained explicit special permission
 to incorporate geographic datasets from data.gov.au in the
 OpenStreetMap project database published under any free and open
 license, including ODbL
That is a huge relief! Not quite sure how it works (data.gov.au covers
a lot of different jurasdictions and departments - seemed like an
impossible task to ask each one to relicence) but if LWG is happy for
that data to stay, that's good enough for me!

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-23 Thread Richard Weait
On Fri, Sep 23, 2011 at 10:23 AM, Alex (Maxious) Sadleir
maxi...@gmail.com wrote:
 On Sat, Sep 24, 2011 at 12:10 AM, Grant Slater
 openstreet...@firefishy.com wrote:
 The Licensing Working Group has obtained explicit special permission
 to incorporate geographic datasets from data.gov.au in the
 OpenStreetMap project database published under any free and open
 license, including ODbL
 That is a huge relief! Not quite sure how it works (data.gov.au covers
 a lot of different jurasdictions and departments - seemed like an
 impossible task to ask each one to relicence) but if LWG is happy for
 that data to stay, that's good enough for me!

Yes, it is good of the Australian government to allow use of their
data as a source for OSM.  Thank you, Australian government.

There is still the issue of import accounts continuing to decline,
even though the data is unencumbered.  I couldn't possibly comment on
why a particular user might continue to decline CT/ODbL with their
import account for a particular data set, when that dataset is
suitable and permitted for inclusion under CT/ODbL.

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Re: [talk-au] ODbL data.gov.au permission granted

2011-09-23 Thread 80n
On Fri, Sep 23, 2011 at 3:10 PM, Grant Slater
openstreet...@firefishy.comwrote:

 The Licensing Working Group has obtained explicit special permission
 to incorporate geographic datasets from data.gov.au


Grant
Would you be kind enough to provide a link to this explicit special
permission please?

80n
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