Found some discussion on this from the osm India list from the past:
http://web.archiveorange.com/archive/v/u3vCOOuryFWiWqqzVA9L


On Thu, Jul 31, 2014 at 3:42 PM, Arun Ganesh <[email protected]> wrote:

> From memory, those 2001 ECI shapefiles came with a MIT license that was
> clearly mentioned on the download page then.
>
>
> On Thu, Jul 31, 2014 at 11:06 AM, Avinash Celestine <
> [email protected]> wrote:
>
>> Hi
>>
>> To add to what Nisha said, this is what the copyright act says about work
>> produced by the govt ( i am not a lawyer either)
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> *(k) "Government work" means a work which is made or published by or
>> under the direction or control of- (i) the Government or any department of
>> the Government; 17.First owner of copyright. -Subject to the provisions of
>> this Act, the author of a work shall be the first owner of the copyright
>> thereinProvided that- ....(d) in the case of a Government work, Government
>> shall, in the absence of any agreement to the contrary, be the first owner
>> of the copyright therein;*
>>
>> My (legally illiterate) reading of this is that unless the govt
>> specifically says it is waiving copyright for anything it does, the
>> copyright is assumed to persist. Subject to the fair use clauses outlined
>> in the previous mail of course
>>
>>
>> regards
>> Avinash
>>
>>
>>
>>
>> On Tue, Jul 29, 2014 at 5:51 PM, Nisha Thompson <[email protected]>
>> wrote:
>>
>>> Now I will ask a lawyer to give a final answer as I am not a lawyer but
>>> wanted to give my understanding of this.
>>>
>>> My understanding is that data in India is copyrighted, as well as
>>> documents, including for instance RTI. However, if you add value to the
>>> data then you can share what you created.  Though it is a debate whether
>>> digitization or moving data from one format to the other is adding value.
>>>
>>> HOwever, these are maps and documents, I believe it is ok. Section 52 in
>>> the CopyRightRules is all the exceptions.
>>>
>>> http://copyright.gov.in/Documents/CopyrightRules1957.pdf
>>>
>>> "(aa)106 the making of copies or adaptation of a computer programme by
>>> the lawful possessor of a
>>> copy of such computer programme, from such copy-
>>> (i) in order to utilise the computer programme for the purposes for
>>> which it was supplied; or
>>> (ii) to make back-up copies purely as a temporary protection against
>>> loss, destruction or damage in
>>> order only to utilise the computer programme for the purpose for which
>>> it was supplied;"
>>> 121A "(ab) the doing of any act necessary to obtain information
>>> essential for operating inter-operability of an independently created
>>> computer programme with other programmes by a lawful possessor of a
>>> computer programme provided that such inform"
>>>
>>> Again I am not a lawyer so you will have to check for specifics.
>>>
>>>
>>> On Wed, Jul 23, 2014 at 12:09 PM, Dilip Damle <[email protected]>
>>> wrote:
>>>
>>>> Hello to all,
>>>>
>>>> Does anyone know the copyright status about the Parliamentary /
>>>> Assembly Shapefiles (before the delimitation. )
>>>> that were once available from Election commission website
>>>>
>>>> I have the files and am tempted to use them to Extract State
>>>> boundaries.
>>>> The advantages I see in them  is
>>>>
>>>> 1. It is he only government source free data that I know of
>>>>
>>>> 2. It has the right level of vertex density for a layman / Thematic map
>>>> usage.
>>>>
>>>> There is no readme or any other metadata with the files.
>>>>
>>>> Rgds
>>>>
>>>> Dilip Damle
>>>>
>>>> (New Delhi)
>>>>
>>>> --
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>>>
>>>
>>>
>>> --
>>> Nisha Thompson
>>> DataMeet.org
>>> [email protected]
>>> skype: nishaqt
>>> mobile: 962-061-2245
>>>
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>>> Datameet is a community of Data Science enthusiasts in India. Know more
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>>
>>  --
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>
>
>
> --
>  Arun Ganesh
> (planemad) <http://en.wikipedia.org/wiki/User:Planemad>
>
>


-- 
 Arun Ganesh
(planemad) <http://en.wikipedia.org/wiki/User:Planemad>

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