Hi legal-questions, I'm forwarding this interesting question about the OSMF Terms of Use preventing anyone from obtaining OSM data for emergency services use. This is in direct conflict with the ODBL terms which contain no such restriction, and also include a limitation of liability clause. Surely other emergency services organisations are using OSM data without issue.
On Fri, 10 Feb 2023 at 12:24, Andrew Harvey <andrew.harv...@gmail.com> wrote: > Hi Rob, > > Interesting point you raise! > > While on the surface you'd think terms (from the OSMF Terms of Use > https://wiki.osmfoundation.org/wiki/Terms_of_Use#III._Unlawful_and_other_unauthorized_uses) > only ask you not to use OSMF services like the website, API for those > purposes and not the data, it includes "data distribution". > > I suggest you raise this on the legal talk mailing list > https://lists.openstreetmap.org/listinfo/legal-talk and/or directly with > the OSMF legal-questi...@osmfoundation.org ( > https://wiki.osmfoundation.org/wiki/Contact). > > On Fri, 10 Feb 2023 at 11:41, rob potter <pots...@gmail.com> wrote: > >> Hi, >> >> I am representing the state transport department Department of Transport >> and Planning (Victoria, Australia) - OpenStreetMap Wiki >> <https://wiki.openstreetmap.org/wiki/Department_of_Transport_and_Planning_(Victoria,_Australia)> >> and >> we are looking to consume the OSM road & rail networks for our operations. >> >> *Lawyers have raised a concern about these conditions, as the road data >> use is supplied to our emergency services fire and ambulance. We have not >> started using the information but we are implementing a system of >> validation and change detection, then produce an authoritative version for >> other agency consumption.* >> *Unlawful and other unauthorized uses include a clause "Operate dangerous >> businesses such as emergency services or air traffic control, where the use >> or failure of the Services could lead to death, personal injury or >> significant property damage;" and "Store data available through the >> Services in order to evade these Terms (including aiding anyone else in >> doing so); or"* >> >> Please any advice would be greatly appreciated, ultimately we will >> enhance the overall content of OSM in the Victoria, but really do not want >> to cause problems later. >> >> Thanks, >> >> Rob >> _______________________________________________ >> Talk-au mailing list >> Talk-au@openstreetmap.org >> https://lists.openstreetmap.org/listinfo/talk-au >> >
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