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    discussion and as waldo000000 points out, is now superseded.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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