Thanks for looking into that for us Simon. As far as I can tell, with my limited legal knowledge, it all appears to be down to interpretations of how CC / OSM on one side, & DNRM on the other, are reading the same document - would that be right?
Could I ask if you, who understands the legals involved, could contact the people from DNRM directly? Thanks Graeme On 9 October 2017 at 21:28, Simon Poole <[email protected]> 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 > [email protected]https://lists.openstreetmap.org/listinfo/talk-au > > > > _______________________________________________ > Talk-au mailing list > [email protected] > https://lists.openstreetmap.org/listinfo/talk-au > >
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