----- Original Message -----
From: "Martin Koppenhoefer" <dieterdre...@gmail.com>
To: "Licensing and other legal discussions." <legal-talk@openstreetmap.org>
Sent: Monday, June 11, 2012 1:38 PM
Subject: Re: [OSM-legal-talk] Response from Hampshire County Council
2012/6/11 Nick Whitelegg <nick.whitel...@solent.ac.uk>:
In answer to the queries below, the data is free to use as is the OS
open data on their website.
...
So in short, we believe the RoW data can be incorporated into
OpenStreetmap as long as acknowledgement and copyright is shown from
where it came and how can be used"
So in summary it appears that the OS gave HCC specific permission to use
this, and I'm guessing it's OK to use in OSM, but I am not in any sense
of
the word a legal expert so, what are people's opinions on this?
I am not a legal expert either, but their statements above seem clear
to me: if OS data is compatible with CT/ODBL also the HCC data should
be compatible.
Except that the OS OpenData licence is NOT compatible with the CT / ODbL.
Which is why the LWG needed to get specific agreement from the OS last
summer that OS OpenData could be used in OSM [1].
So it might be valid to ask, "does the agreement from the OS last summer now
cover the HCC ( and presumably Cambridgeshire data).?", and looking into the
wording of [1] I cant see anything which would definitely say it is. But we
don't know the exact wording of the "exemption", whereas the contact in HCC
obviously does, and it could well be that the wording of the "exemption"
taken together with the agreement between OSM & OS would allow use of HCC
data
However we also seem to have a very clear statement from HCC "we believe the
RoW data can be incorporated into OpenStreetMap ".
I think the best that can be said is that we cant be 100% sure of the legal
position, but that we have been led to believe by HCC that we can use that
data. So I guess we should be able to rely on that statement alone, and not
try and justify it on any other grounds.
The problem is of course that we may now find ourselves having to ask for
clarification from any other local authority which releases such data, since
I cant see the statement by HCC being binding on other local authorities.
Regards
David
[1] http://article.gmane.org/gmane.comp.gis.openstreetmap.region.gb/6516
cheers,
Martin
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