[OSM-legal-talk] Addresses from Land Registry Price Paid Data
As you may know, the UK's Land Registry makes available historical Price Paid data for residential property sales, licensed under the Open Government Licence (OGL). Along with the prices paid, this data also includes full addresses and postcodes for the properties. OGL-licensed data is regarded as suitable for use in OSM, and judging by http://taginfo.openstreetmap.org.uk/search?q=land+registry#values and http://wiki.openstreetmap.org/wiki/Contributors#Land_Registry_-_Price_paid_data it would appear that people have been making use of the Land Registry address data in order to help improve OSM's address coverage. However, I've recently come across this blog post: http://mapgubbins.tumblr.com/post/103854046790/how-far-can-we-trust-open-data which points out a potential problem with this data, in its section on Third Party Intellectual Property Rights. Briefly, the OGL has an exclusion for third party rights the Information Provider is not authorised to license, and it appears that such rights may well exist in the addresses in the Price Paid data. If this is the case, then the addresses aren't covered by the OGL licence, and so we're probably unable to use them in OSM. From https://docs.google.com/document/d/1hFQ1I_YfTGxcGiwydVxoMdsJAhDmZaXW30NoDeun4k0/edit Open Addresses appear to have rejected the Land Registry data as a source for this reason. There is one ray of hope from the blog post above though, and that is that s47 of the Copyright, Designs and Patents Act provides a limited exemption for some information on public statutory registers. As far as I can see, under s47(3) the purpose of the copying is limited to dissemination (is all re-use a form of dissemination?), and you need authorisation from the organisation originally publishing the register (and I'm not sure their current OGL Licence would cover this), and presumably the exemption only applies in the UK. So I'm not sure whether this would work for us with ODbL. I think LWG will need to look in to this in more detail, and let us know whether or not it is ok to continue using the Land Registry's Price Paid data as a source of addresses in OSM. If not, then do existing uses also need to be removed from OSM? This also raises the question of whether there are any other OGL-licensed datasets out there that have been used in OSM, but which contain undocumented third-party IP rights that we don't have permission to use. Robert. -- Robert Whittaker ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Addresses from Land Registry Price Paid Data
Am 01.12.2014 15:08, schrieb Robert Whittaker (OSM lists): This also raises the question of whether there are any other OGL-licensed datasets out there that have been used in OSM, but which contain undocumented third-party IP rights that we don't have permission to use. This is, IMHO, not a problem specific to the OGL. In general I have yet to see any licence or agreement to include data in OSM, that actually states that the licensor has all the necessary rights to licence the data on the terms presented and holds the licensee (us) harmless for any damages arising out of not having those rights. Note that the ODbL is no different in this respect. Essentially it boils down to buyer beware. Simon signature.asc Description: OpenPGP digital signature ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
Re: [OSM-legal-talk] Addresses from Land Registry Price Paid Data
On Mon, Dec 1, 2014 at 1:51 PM, Simon Poole si...@poole.ch wrote: This is, IMHO, not a problem specific to the OGL. In general I have yet to see any licence or agreement to include data in OSM, that actually states that the licensor has all the necessary rights to licence the data on the terms presented and holds the licensee (us) harmless for any damages arising out of not having those rights. That's pretty standard in open licenses of all flavors— e.g., in GPL a third party might have patents; in CC someone might have personality rights. (And realistically it is common in traditional/proprietary licenses as well, but in those cases, you may be able to negotiate better terms depending on the situation.) OSMF could, of course, negotiate further assurances outside of OGL with specific data providers if there was a particular concern. Luis -- Luis Villa Deputy General Counsel Wikimedia Foundation 415.839.6885 ext. 6810 *This message may be confidential or legally privileged. If you have received it by accident, please delete it and let us know about the mistake. As an attorney for the Wikimedia Foundation, for legal/ethical reasons I cannot give legal advice to, or serve as a lawyer for, community members, volunteers, or staff members in their personal capacity. For more on what this means, please see our legal disclaimer https://meta.wikimedia.org/wiki/Wikimedia_Legal_Disclaimer.* ___ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk
