The LWG is working on a statement wrt CC-BY 4.0 compatibility and is in direct contact with Creative Commons.
I suspect that we will have something in latest a couple of weeks, including a template waiver/statement that we will need for such sources. Simon Am 09.01.2017 um 03:07 schrieb cleary: > After previous discussion in the legal-talk and talk-au lists, I made > further approaches to the Australian Department of Prime Minister and > Cabinet regarding access to data published on data.gov.au including the > PSMA Administrative Boundaries. > > Today I received a reply. The full letter is reproduced below. > > In particular, note the statement that "we can confirm that CC BY 4.0 > allows OpenStreetMap to apply its own licence (in this case, ODbL) to > its product. We can also confirm that attribution on the OpenStreetMap > contributors page would be sufficient to meet the attribution > requirements of the licence." > > While I don't seek to extrapolate this statement to all CC BY 4.0 > licensed data from other sources, it seems clear that this statement > from the authorised person in Australia's Department of Prime Minister > and Cabinet, would be sufficient for us to use the relevant Australian > Government data in OSM. With OSM supported by such a statement, I find > it difficult to see how the Australian Government (or anyone else) could > later try to say we do not have the necessary permission to use the > data. > > In my correspondence to the Government, I referred to the Contributors > page of the wiki, and I would reasonably take the response to refer to > this page. > > I had previously undertaken that any response from the Australian > authorities would be submitted to the legal-talk list for > consideration. I will defer posting to talk-au list until I have > feedback from legal-talk. > > > _______________________________________________________ > > > > Australian Government > Department of Prime Minister and Cabinet > > Ref: EC16-002146 > > > > Mr Michael Cleary > OpenStreetMap > ...... > (private address removed) > > > > Dear Sir > > Thank you for your letter of 21 November 2016 regarding the publishing > of government data on OpenStreetMap. The Secretary has asked me to reply > on his behalf. Public data policy matters fall within my > responsibilities. > > The current policy on licensing for government data is covered by the > Guidelines on Licensing Public Sector Information for Australian > Government Entities, which is published by the Department of > Communication and the Arts. This policy states that public sector > information should be released free of charge under a Creative Commons > 'BY' 4.0 licence (CC BY 4.0). The CC BY 4.0 licence is an open licence > that is intended to enable the use, reuse and commercialisation of open > government data. Consistent with this policy, the PSMA Administrative > Boundaries have been published under this licensing framework. > > Due to the large number of datasets on data.gov.au and. in some > instances, obligations on the government due to its licensing > arrangements with its data suppliers, we are unable to amend the licence > terms, or provide exemptions on an individual basis. > > However, we can confirm that CC BY 4.0 allows OpenStreetMap to apply its > own licence (in this case, ODbL) to its product. We can also confirm > that attribution on the OpenStreetMap contributors page would be > sufficient to meet the attrtibution requirements of the licence. > > We understand that licence terms can be complex and legalistic. There > are several processes underway across government to improve data > accessibility and address any barriers to use. The Productivity > Commission's draft report on its Inquiry into Data Availability and Use > discusses how public sector licensing arrangements can have limitations > on the use of government data. Specifically, chapter three discusses > issues relevant to your request. The draft report can be downloaded from > http://www.pc.gov.au/inquiries/current/data-access/draft. The Final > Report is due for release in March next year, and the Government will > respond in due course to the recommendations put forward. > > The Department of Prime Minister and Cabinet is also undertaking public > consultation to gather information on the datasets Australians want > access to, and any issues they face in using them, including licensing. > I encourage you to contribute to this consultation through the online > survey at > http://thesource.dss.gov.au/unlocking-australias-high-value-data/survey_tools/unlocking-australias-high-value-data-survey/ > > I hope this information has been of assistance. > > > Yours sincerely > > > Steven Kennedy > 22 December 2016 > > _______________________________________________ > legal-talk mailing list > legal-talk@openstreetmap.org > https://lists.openstreetmap.org/listinfo/legal-talk
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