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) frank.wint...@its.ny.gov
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 o...@dead10ck.com
CC: Coryell, Rodger (ITS) rodger.cory...@its.ny.gov, Fargione, Craig (ITS) craig.fargi...@its.ny.gov

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 | frank.wint...@its.ny.gov


-----Original Message-----
From: Skyler Hawthorne <o...@dead10ck.com> Sent: Friday, July 17, 2020 6:30 PM
To: Winters, Frank (ITS) <frank.wint...@its.ny.gov>
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 le...@osmfoundation.org and will be glad to help.
--
Skyler

<<attachment: nys_gis_sam_permission.zip>>

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