Looks to me as if copyright does not cover this dataset, at least according to a representative of the office. Unless anyone here objects, I will import it. There are other issues; I will raise them on the talk list.
Begin forwarded message: > From: Robert Morrell <[email protected]> > Date: March 9, 2009 2:06:13 PM EDT > To: Russ Nelson <[email protected]> > Cc: Kurt Swartz <[email protected]>, Larry Alber > <[email protected] > > > Subject: Re: DEC Lands > > Russ, > There is no "creativity" in mapping or displaying of Public > owned land. This isn't art, it's legal land rights that impact > private land owners. > > On what bases would someone with no formal training, no legal deed > description, or survey map have to determine if a State boundary is > correct or incorrect. Simply holding a GPS receiver does not give > someone authority. > > Have you read the metadata on the clearinghouse? Read it. If you > have any questions, get back to me. > > Robert Morrell > Senior Land Surveyor > Bureau of Real Property > Division of Lands and Forests > NYS Dept. Environmental Conservation > 625 Broadway > Albany NY 12233-4256 > 518-402-9442 > >>>> "Russ Nelson" <[email protected]> 3/9/2009 1:47 PM >>> > So to the best of your ability, the DEC Lands dataset reflects a fact > about the world, and there is zero room for creativity? (I understand > why you might feel this way, so if you do, no explanation is needed, > just a simple "yes" -- to save you the effort of convincing someone > who agrees with you!!) > -russ > > On Mar 9, 2009, at 10:10 AM, Robert Morrell wrote: > >> Russ, >> For anyone to edit this DEC spatial data other than DEC >> staff is absolutely inappropriate. This data layer is built using >> trained staff using survey maps and deed. If this is your intention >> I am asking you not to use our data. There are a whole host of >> issues here. For one, non-survey grade GPS accuracies very widely >> and can be hundreds of feet wrong. Secondly, sign location is in no >> way a indicator of the correct boundary location. Third, sometime >> the Department may transfer in or transfer out land that may not be >> reflected in a timely manner on the clearing house data or new land >> have been purchased. I can go on and on. >> >> If you would like to discuss this further you are welcome to call me. >> >> Rob >> >> Robert Morrell >> Senior Land Surveyor >> Bureau of Real Property >> Division of Lands and Forests >> NYS Dept. Environmental Conservation >> 625 Broadway >> Albany NY 12233-4256 >> 518-402-9442 >> >>>>> "Russ Nelson" <[email protected]> 3/9/2009 9:37 AM >>> >> I realize that it's not appropriate to edit the data, and in fact we >> can keep track of any changes, and either revert them if they are >> obviously incorrect, or submit them back to you if they seem to be >> legitimate. Why would someone make a purposeful edit? Perhaps they >> were out in the field with a GPS, and noticed that the signage >> disagrees with the map? Of course, it may be the signage that's >> wrong, but either way it's an issue worthy of resolution. >> >> OpenStreetMap is a combination of imported data and user-generated >> data. If you're familiar with Wikipedia, OpenStreetMap is very >> similar in concept, only for geodata. Imported data goes into the >> map >> under its own userid, and all of your metadata is preserved. If >> someone edits anything, it's recorded under their username, so we >> know >> who made the edit. >> >> The reason that I ask for permission is that data in OpenStreetMap >> may >> be further downloaded by users. We have an API. Anyone can make API >> queries for, say, a bounding box, and received a download of >> everything inside that box. That would include the DEC Lands data. >> We try very hard not to infringe anyone's copyright. No copyright is >> claimed in your metadata, but of course under the Berne Convention a >> copyright exists nonetheless, and we need your permission to be able >> to redistribute the data. >> >> On Mar 9, 2009, at 8:48 AM, Robert Morrell wrote: >> >>> Any data the Department puts on the clearing house is open to the >>> Public to download. >>> >>> I see below you discuss "Anybody who makes additions or >>> corrections to the data must share them with others." >>> >>> It would not be appropriate to edit this data in any manor. >>> >>> What kind of software is this? >>> >>> Robert >>> >>> >>> >>> Robert Morrell >>> Senior Land Surveyor >>> Bureau of Real Property >>> Division of Lands and Forests >>> NYS Dept. Environmental Conservation >>> 625 Broadway >>> Albany NY 12233-4256 >>> 518-402-9442 >>> >>>>>> "Russ Nelson" <[email protected]> 3/7/2009 9:59 AM >>> >>> Larry, is it acceptable use to import the "DEC Lands" dataset: >>> http://www.nysgis.state.ny.us/gisdata/inventories/details.cfm? >>> DSID=1114 >>> Into OpenStreetMap? I plan to do a full import of all your >>> metadata, >>> so that when you revise your dataset, I can re-import the data and >>> replace the existing data. >>> >>> Note that the license on OpenStreetMap is Creative Commons >>> Attribution >>> Share-Alike. That means that anybody who uses it must acknowledge >>> the >>> source (and I know that you want your office to be included there; I >>> will make sure that happens), and it also means that nobody can lock >>> the data up in a proprietary manner. Anybody who makes additions >>> or >>> corrections to the data must share them with others. >>> >>> -- >>> Russ Nelson - http://community.cloudmade.com/blog - >>> http://wiki.openstreetmap.org/wiki/User:RussNelson >>> [email protected] - http://openstreetmap.org/user/RussNelson >>> >>> >> >> -- >> Russ Nelson - http://community.cloudmade.com/blog - >> http://wiki.openstreetmap.org/wiki/User:RussNelson >> [email protected] - http://openstreetmap.org/user/RussNelson >> > > -- > Russ Nelson - http://community.cloudmade.com/blog - > http://wiki.openstreetmap.org/wiki/User:RussNelson > [email protected] - http://openstreetmap.org/user/RussNelson > -- Russ Nelson - http://community.cloudmade.com/blog - http://wiki.openstreetmap.org/wiki/User:RussNelson [email protected] - http://openstreetmap.org/user/RussNelson _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk

