Folks, Please see the responses below from the Dept of Public Expenditure and Reform which run the open data portal for the Irish government at data.gov.ie
Can you please confirm that the response below is enough to begin using the datasets from that site for OSM. I believe it covers all the normal questions that arise from CC-BY licensed data but want to be sure before I announce to the Irish OSM community. Cheers, Dave (DaCor) ---------- Forwarded message ---------- From: Opendata <opend...@per.gov.ie> Date: Tue, Apr 12, 2016 at 3:13 PM Subject: RE: Regarding the use of CC-BY datasets on data.gov.ie by OpenStreetMap Ireland To: Dave Corley <davecor...@gmail.com>, Opendata <opend...@per.gov.ie> Hi Dave, Regarding your email, please see the comments in red below. 1. As the Dept. responsible for data.gov.ie, do you accept that this method of attribution meets the requirements of the CC-BY licence applied to datasets released by any and all current and future publishers on data.gov.ie? CC-BY is the recommended licence for Ireland’s Open Data Initiative. It is intended that the Open Data portal will only include appropriately licensed datasets. However, the Technical Framework <https://data.gov.ie/technical-framework> allows for a transitional phase where datasets already on the portal are given time to migrate to CC-BY. *Regarding Attribution (and the avoidance of attribution stacking):* The Technical Framework notes that under the CC-BY Licence, users must acknowledge the source of the Information in their product or application. Where the Information Provider does not provide a specific attribution statement users should include, or link to, this attribution statement: “Contains Irish Public Sector Data licensed under a Creative Commons Attribution 4.0 International (CC BY 4.0) licence”. If using data from several Information Providers and listing multiple attributions is not practical in a product or application, users may include a URI or hyperlink to a resource that contains the required attribution statements. It seems reasonable to use http://wiki.openstreetmap.org/wiki/Contributors as such a resource. Unless a specific attribution statement is provided, it would be fair to use the general statement as set out in the Technical framework. *Regarding what is covered by CC-BY:* The licence deed for CC-BY is available at https://creativecommons.org/licenses/by/4.0/. This deed notes that users may: · Share — copy and redistribute the material in any medium or format, or · Adapt — remix, transform, and build upon the material for any purpose, even commercially. *Regarding modification of data:* Section 3.a (Licence Conditions – Attribution <https://creativecommons.org/licenses/by/4.0/legalcode>) of the CC-BY licence legal code stipulates that users must indicate if they modified the licensed material and retain an indication of any previous modifications. The licence deed summarises the terms for attribution — “You must give appropriate credit, provide a link to the licence, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use”. Once these conditions are satisfied, it is reasonable to assume compliance with datasets licensed as CC-BY. 2. If you deem this is an acceptable method to acknowledge attribution, is this acceptance enough to cover all current and future publishers using data.gov.ie to disseminate their data or is individual permission required from each and every current and future publisher? A requirement for publication through the Open Data portal is that datasets are associated with the recommended Open Data licence. Therefore, it is reasonable to assume that any data published through the portal in the future will be so associated. The Technical Framework is a living document that will be expanded upon as technologies and practices evolve, so licences may also change, if more appropriate standard ones are developed. However, you can be sure that the Open Data Initiative will not move to a more restrictive licence. Please note that Technical Framework’s disclaimer that: All data linked to the Open Data portal is published “as is”. The Information is licensed 'as is' and the Information Provider and/or Licensor excludes all representations, warranties, obligations and liabilities in relation to the Information to the maximum extent permitted by law. The Information Provider and/or Licensor are not liable for any errors or omissions in the Information and shall not be liable for any loss, injury or damage of any kind caused by its use. The Information Provider does not guarantee the continued supply of the Information. Please let me know if you need any further comments. Regards Martin *From:* Dave Corley [mailto:davecor...@gmail.com] *Sent:* 11 April 2016 18:29 *To:* Opendata *Subject:* Regarding the use of CC-BY datasets on data.gov.ie by OpenStreetMap Ireland Hi, I am looking for clarification as required by OpenStreetMap in relation to the use of datasets on data.gov.ie which are released under CC-BY terms. This clarification is being sought on behalf of the Irish OpenStreetMap community - http://www.openstreetmap.ie/ The CC-BY licence requires that attribution be given where the data is consumed. In the case of OpenStreetMap, as the data is essentially in a wiki state (editable by anyone at any time), what has be done in past instances is to list larger data contributors on the Contributors webpage - http://wiki.openstreetmap.org/wiki/Contributors What I would like clarification on is as follows: 1. As the Dept. responsible for data.gov.ie, do you accept that this method of attribution meets the requirements of the CC-BY licence applied to datasets released by any and all current and future publishers on data.gov.ie? 2. If you deem this is an acceptable method to acknowledge attribution, is this acceptance enough to cover all current and future publishers using data.gov.ie to disseminate their data or is individual permission required from each and every current and future publisher? Given that there are numerous datasets on data.gov.ie which the Irish OpenStreetMap community would like to start using immediately but cannot proceed until the above clarifications are provided, a prompt response would be greatly appreciated. If you have any questions regarding the above, please do not hesitate to contact me. Thanking you, Dave Corley OpenStreetMap Ireland Contributor
_______________________________________________ legal-talk mailing list legal-talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/legal-talk