On 15/11/2011 11:52, Andrew Laughton wrote:

    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 <http://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
    <http://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 <http://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.

Hi Andrew,

Richard has just answered the direct question, and better than I can. May I make a couple of other observations that may also help.

First, The new OSM contributor terms were deliberately written so that if anyone wants attribution, (you, me, but chiefly aimed at goverment organisations making data available), then they can get it and it survives any license that OSM uses, (even one without attribution!). This was the key question I put to them, was this acceptable by itself? and the answer was yes.

Second, a personal perspective of one thing I've learnt slowly over the last three years. Open IP data in particular, as compared to software and general creative works such as photos and writings, needs attribution breaking up into a series of levels and the original publisher of data should state clearly what they want. I think (personal view) that this underlies a lot of the travails we have had and that reviews of Creative Commons and OpenDataCommons (ODbL) licenses need to pay attention to it ... i.e. important no matter what project you happen to be in. I started a paper http://docs.google.com/View?id=dd9g3qjp_103fdxjk3qt which went to Creative Commons as a way encapsulating some of our experiences ... it is still very rough, but I am continuing to work it as formal input to the CC 4 process. In summary, what I think is eventually required is are license(s) whose attribution clauses clearly allow or do not allow this:

o OSM incorporates data.gov.au data into the OSM database. OSM attributes data.gov.au on its web page, "primary" or "Level 1" attribution. I think this is very important whether or not a legal obligation.

o Someone extracts some OSM data (one node or the whole thing, with or without data.gov.au), and no matter how they do it, they get a either a copy of OSM's web page or a link to it. This is "Level 2" attribution. I feel that this is useful, practical but not essential.

o That person or organisation mixes OSM data with their own and publishes it. They Level 1 attribute OSM on their website. There is now an attribution chain back to data.gov.au ... I think that is the key thing. Level 3 attribution, providing data.gov.au attribution, should not be required.

o A new person then makes a map from the last set of data, they Level 1 attribute the last set. Here, OSM's attribution has also now directly gone but remains in the chain and the Level 4 requirement of having to attribute thousands and thousands on a single map is not an issue.

Mike
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