Thanks Steve! Yes, our various levels of Govt all talk about Open Data, but just how open it really is depends on a lot of factors, with different Depts (& even different branches of the same Dept!) having different ideas :-(
& that should be klicks! :-) Thanks Graeme On Fri, 2 Apr 2021 at 15:12, stevea <[email protected]> wrote: > I know you're talking about Australia (or one of its states) and I'm > talking about California, one of the USA states. The area of law I talk > about here falls into the realm of "what the state is granted the power to > define for itself" due to our 10th Amendment, which basically says the few > pages of our national constitution delineate where the federal USA starts > and ends, and "the rest is up to the states." > > In California, we have what are known as "sunshine laws" or "open data > laws" which in essence say that what the state (of California) publishes as > data are open to the public. Sure, there are exceptions carefully carved > out in the statute which talk about personnel records and ongoing legal > cases and those (and a few other things like certain redacted or protected > incarceration records, I think...) are NOT open. But stuff like "GIS data" > are open. At least two California Supreme Courts (both specific to GIS > data) make this clear (legal cites are elsewhere, but I can find them or > you can, too). > > Whether Queensland has such law (and stare decisis), I don't know, but > that's what "guides" here, maybe (you are "lucky" like this, too) and it > does for Queensland and data published by an entity of or that is > Queensland, too. (Like in USA, a state like California's divisions, or > "counties" are really simply divisions of the state, so they ARE the state > for purposes of such law like open data laws). > > This might seem pretty cut and dry, and certainly, not all states are "as > clean and neat and easy" as this, so your mileage may vary, as laws between > states and countries can be vastly different. And, I am not an attorney. > > I hope that helps you 11721 clicks away (roughly, it only took JOSM > seconds to determine that — good ol' OSM!). G'luck, mate! > > > On Apr 1, 2021, at 8:16 PM, Graeme Fitzpatrick <[email protected]> > wrote: > > > > Bit of an interesting question, that I'll start here, but which I can > see going to the Legal Group for a ruling? > > > > Started updating hospital details after getting the OK & waiver through > from Qld Health to use their data. > > > > First one on the list was Alpha, which, co-incidentally has just had a > brand new combined Health / Emergency Services facility built! > > > > While checking info about it, I spotted the Barcaldine Council page for > Alpha, which has https://www.barcaldinerc.qld.gov.au/tourism/towns/alpha > & https://www.barcaldinerc.qld.gov.au/alpha-3, which show details & gives > info on POIs that we could include. > > > > Contacted the Council to ask about using that info, & they have given > explicit permission for us to use this info for Alpha & 4 other towns in > their area. > > > > That's great, but it appears that they don't publish anything under a CC > BY licence at all - the only reference I can see just says "© Barcaldine > Regional Council"? > > > > So, can we use it, or do we have to still have a waiver of some sort? > > > > Thanks > > > > Graeme > > _______________________________________________ > > Talk-au mailing list > > [email protected] > > https://lists.openstreetmap.org/listinfo/talk-au > >
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