Not a lawyer, but is it possible that "use the points for any lawful purpose" is nonanswer as a use invaloving copyright infringement would not be lawful?
Jul 18, 2020, 18:34 by [email protected]: > Well, it turned it to be a lot easier than I was thinking it would be! I > reached out to the contact listed on the Clearing House web site, using the > template in the wiki page, and he replied confirming that we have permission > to use the data. This is the text of the email exchange, and I've also > attached the raw .eml file. > > From: Winters, Frank (ITS) [email protected] > Date: July 17, 2020 22:30:24 > Subject: RE: Interested in importing the Address Point data from the Clearing > House into OpenStreetMap > To: Skyler Hawthorne [email protected] > CC: Coryell, Rodger (ITS) [email protected], Fargione, Craig (ITS) > [email protected] > > Hi Skyler, nice to hear form you. We would very much like the SAM address > points to be included in Open Street Map. The permitted use of the points is > quite simple. You may use the points for any lawful purpose. While we do our > best to maintain a comprehensive and accurate set of address points with our > limited resources we know it has shortcomings. See the metadata for the > liability disclaimer. > > We generally post quarterly updates to the data set. > > > Frank Winters > Geographic Information Officer > > Office of Information Technology Services > W. Averell Harriman State Office Campus > Bldg. 5 - Floor 1 > Albany, NY 12226 > 518.242.5036 | 518.281.9140 m | [email protected] > > > -----Original Message----- > From: Skyler Hawthorne <[email protected]> Sent: Friday, July 17, 2020 6:30 PM > To: Winters, Frank (ITS) <[email protected]> > Subject: Interested in importing the Address Point data from the Clearing > House into OpenStreetMap > > ATTENTION: This email came from an external source. Do not open attachments > or click on links from unknown senders or unexpected emails. > > Hello Mr Winters, > > Thank you for your part in making the GIS data for New York State available > to the public through the Clearing House project! > > I am a contributor to the OpenStreetMap project [1], a collaborative open > project to create a global geodata set freely usable by anyone [2]. > > We respect the IP rights of others and I write to ask if we can use this > data. There does not appear to be any explicit information about the license > under which the data sets in the Cleaning House web site are distributed. > It's unclear what the terms are for its use, and specifically whether or not > it is public domain, and if it is permitted to import into the OpenStreetMap > project and redistribute to the world under an open license. > > At the most simple, I would seek a statement like this: > > "The New York State GIS Program Office [or the relevant NYS department(s)] > has no objections to geodata derived in part from the GIS Clearing House data > sets being incorporated into the OpenStreetMap project geodata database and > released under a free and open license" [1] > > I also ask that whatever statement you are prepared to make can be made > public for information purposes. > > Below is a fact sheet. If you would like any more information, I will do my > best to help or can ask our project's License Working Group to get in touch > with you. > > Regards, > Skyler Hawthorne > > Fact Sheet > > [1] The OpenStreetMap project currently has over 750,000 registered > contributors worldwide. Our main website is https://www.openstreetmap.org > > [2] We are mandated to make our geodata available in perpetuity under a free > and open licence. We are not allowed to use a commercial license, but > commercial organisations are allowed to use our data under similar terms. > > [3] Our data is currently published under the Open Database License 1.0, > https://protect2.fireeye.com/v1/url?k=76761582-2a4eb33f-7674ecb7-000babd9fa3f-f71edf933744da0d&q=1&e=391ef603-5912-439f-b6e4-b8ac749598bd&u=http%3A%2F%2Fwww.opendatacommons.org%2Flicenses%2Fodbl%2F > > [4] Most of our geodata is contributed by individuals. However, we are very > grateful when able to incorporate or derive from other geo-data datasets > where license terms are compatible. > > [5] We formally attribute all such sources at > https://wiki.openstreetmap.org/wiki/Attribution, using any specific wording > if you request. We also try to provide a link to this page with any extract > of data from our database. However, for reasons of practicality, we do not > require end-users to repeat such attribution since it runs into hundreds. > > [6] We also keep a public track of third party data use at > https://wiki.openstreetmap.org/wiki/Import/Catalogue and usually have a > project page for each dataset, describing how we use it and whether there are > any license restrictions to be aware of. > > [7] If you have any specific legal questions, the OpenStreetMap Foundation's > License Working Group can be reached at [email protected] and will be > glad to help. > -- > Skyler >
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