Here is a bit more of what they said: DNRM:
> Thank you for your email dated 19thMay regarding a waiver from the > Creative Commons Attribution 4.0 (CC BY 4.0) licence for QTopo > information. I am seeking advice from our legal services unit on the > suitability of offering our information in both CC BY 4.0 and the ODC > Open Database Licence, and hope to have an response shortly. > > If you have any questions or I can be of any assistance in the > meantime please feel free to contact me by any of the methods below. > Thank you for your patience while we work through the intent of the > ODbl v1.0 agreement. > > We note that Clause 4.7b (Parallel distribution) of the QDbl agreement > allows for the use of technological measures to restrict rights if you > make a copy of the database or a Derivative Database available to the > recipient of the restricted database. > > To assist in our determinations could you please advise how someone in > Queensland, Australia could, or will be able to, access a copy of the > restricted database as per clause 4.7b. Me: > I'm not completely across all the legalities of the ODbL, but my > understanding is that clause means that if you or any consumer of the > ODbL licensed data distribute that data in a DRM restricted format > (like using a blue ray disk with DRM enabled) you must also make it > available via a non DRM format (like a web download or any other non- > DRM medium of your chose).> I believe there is an incompatibility between > this and the CC BY > license which is why this is part of the CC BY waiver OSM requires to > use OSM data.> The OSM legal mailing list is a good place to ask technical > questions > about the license: https://lists.openstreetmap.org/listinfo/legal-talk> Or if > you'd prefer something in private [snip]... DNRM: > Again thank you for your patience while I have been working > through this. > > We have given consideration to your request and advise that, > consistent with Queensland Government policy, our data is provided > under a CC:BY 4.0 Licence. The department will not provide the data > under an ODbl licence. It is our belief that a CC:BY licence is > sufficient for use of our data and we do not accept that OpenStreetMap > cannot use our data under the CC:BY licence. On Mon, 9 Oct 2017, at 10:28 PM, Simon Poole wrote: > Hi all > I was on the road the last two weeks so didn't see this thread, sorry.> > (Un-)luckily the situation is completely clear, we need the waiver as > provided here > https://drive.google.com/file/d/0B3PN5zfbzThqeTdWR1l3SzJVcTg/view to > be able to use the data in OSM. Even better: you don't even need to > take my word for it, as the text here > https://blog.openstreetmap.org/2017/03/17/use-of-cc-by-data/ was > developed with feedback and input from CC (and I would consider CC > fairly authoritative on matters of their licence).> The underlying issue is > that the ODbL, being pragmatic and practical, > allows on the one hand distribution of the data via DRM protected > means as long as there is a parallel distribution mechanism available > (the more theoretical issue ) and on the other hand allows for works > produced out of the data that are not databases (for example a map > image) to be licensed on essentially any terms as long as the required > is attribution provided.> Simple example: a map image produced from OSM data > can be incorporated > in a cinematic production and distributed on a blu-ray disc or > streamed via Netflix with DRM in place. Neither is possible with > derivatives from CC BY licensed material.> Simon > > Am 01.10.2017 um 08:24 schrieb Andrew Harvey: >> I made an enquiry to DNRM about this exactly back in June. >> >> The response I got was: >> >> We have given consideration to your request and advise that, >> consistent with Queensland Government policy, our data is provided >> under a CC:BY 4.0 Licence. The department will not provide the data >> under an ODbl licence. It is our belief that a CC:BY licence is >> sufficient for use of our data and we do not accept that >> OpenStreetMap cannot use our data under the CC:BY licence.>> >> If you have any questions or I can be of any further assistance >> please feel free to contact me by any of the methods below.>> >> So in the end I didn't get the waiver form OSMF requires, yet DNRM >> believes we can use CC BY 4.0 data in OSM without it, in conflict >> with what the OSMF says. I don't feel this is good enough, but I'm >> not a lawyer so I left it at that.>> >> If anyone can help pick this up again, I feel we have a good chance >> of it happening.>> >> DNRM are very responsive to enquiries like this, which is great. >> >> >> On 1 Oct. 2017 4:50 pm, "Andrew Harvey" >> <[email protected]> wrote:>> >>> Unfortunately not. CC BY 4.0 data isn't compatible with the OSM >>> license, see >>> https://blog.openstreetmap.org/2017/03/17/use-of-cc-by-data/ for >>> more details.>>> >>> There is a waiver form at that link which the copyright holder needs >>> to agree and sign for CC BY 4.0 data to be used in OSM.>>> >>> Some Australian agencies have agreed to this, and others have >>> explicitly not agreed to this, so it's hit and miss based on the >>> agency.>>> >>> On 1 Oct. 2017 4:29 pm, "Graeme Fitzpatrick" <[email protected]> >>> wrote:>>>> G'day all >>>> >>>> I've just come across an online Qld topo map, published by Dept of >>>> Natural Resources.>>>> >>>> Map is at http://qtopo.dnrm.qld.gov.au/Mobile/ >>>> >>>> Also makes reference to copyright being licensed under CC BY 4.0: >>>> https://www.dnrm.qld.gov.au/legal/copyright, & includes>>>> >>>> "Under this licence you are free to use this information in >>>> accordance with the licence terms without having to seek permission >>>> from our department. You must keep the copyright notice intact and >>>> attribute the State of Queensland as the source of the material.">>>> >>>> Does that mean we can use it? >>>> >>>> Thanks >>>> >>>> Graeme >>>> >>>> >>>> _______________________________________________ >>>> Talk-au mailing list >>>> [email protected] >>>> https://lists.openstreetmap.org/listinfo/talk-au >>>> >> >> >> >> _______________________________________________ Talk-au mailing list >> [email protected] >> https://lists.openstreetmap.org/listinfo/talk-au >>> > _________________________________________________ > Talk-au mailing list > [email protected] > https://lists.openstreetmap.org/listinfo/talk-au > Email had 1 attachment: > * signature.asc 1k (application/pgp-signature)
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