Re: [Talk-us] Uploading sidewalks in San Jose, California, US

[Vivek Bansal]

Stevea,

Thanks for the comments.  I don't think i'll ever be able to say the word
"license" again.

-Vivek

On Wed, Sep 20, 2017 at 1:18 AM Minh Nguyen 
wrote:

> On 19/09/2017 23:44, OSM Volunteer stevea wrote:
> > Vivek Bansal <3viv...@gmail.com> writes:
> >> We are using the San Jose data which has an ODbL compliant license (and
> any government data in California has the same).
> >
> > I'm following the San José discussion and don't wish to get too
> technically legal:  I am not an attorney, though I have paid attention to
> the legal situation with state (of California) produced geo data and how
> our state "Open Data/Open Records" laws plus two fairly recent California
> Supreme Court decisions make state-published data roughly if not
> essentially equivalent to public domain.  These legal circumstances taken
> together with OSM's ODBL result in "be free to use the data, OSM, they are
> ODbL compliant."  It isn't exactly correct to use the word "license" in how
> California publishes geo data.  It IS correct that such data are "ODBL
> compliant."  It isn't a license that grants this, it is case law or stare
> decisis (Latin for "let the decision stand") which confirm such data
> published by the state comply with both statutory law (California Public
> Records Act, CPRA) and California's state constitution.  The bottom line is
> "the data are ODbL compliant" though it isn't via "license."
>
> Yes, we're aware of County of Santa Clara v. California First Amendment
> Coalition as it relates to the CPRA. The wiki page describing the import
> [1] currently states the source data's _copyright status_ as being in
> the public domain, steering clear of the term "license". Hopefully
> that'll be clear enough for the purposes of this import project.
>
> > From an OSM perspective, I suppose it can be said we are fortunate to
> have as much state (of California) published geo data available to us as we
> do; I certainly am grateful for these circumstances!
>
> Well said -- as someone who also maps in states with more restrictive
> copyright laws, it's been refreshing to be able to say "public domain",
> end of story.
>
> [1]
>
> https://wiki.openstreetmap.org/wiki/Santa_Clara_County,_California/San_Jose_Sidewalk_Import
>
> --
> m...@nguyen.cincinnati.oh.us
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Re: [Talk-us] Uploading sidewalks in San Jose, California, US

[Minh Nguyen]

On 19/09/2017 23:44, OSM Volunteer stevea wrote:

Vivek Bansal <3viv...@gmail.com> writes:

We are using the San Jose data which has an ODbL compliant license (and any 
government data in California has the same).


I'm following the San José discussion and don't wish to get too technically legal:  I am not an attorney, though I have paid attention to the legal 
situation with state (of California) produced geo data and how our state "Open Data/Open Records" laws plus two fairly recent California 
Supreme Court decisions make state-published data roughly if not essentially equivalent to public domain.  These legal circumstances taken together 
with OSM's ODBL result in "be free to use the data, OSM, they are ODbL compliant."  It isn't exactly correct to use the word 
"license" in how California publishes geo data.  It IS correct that such data are "ODBL compliant."  It isn't a license that 
grants this, it is case law or stare decisis (Latin for "let the decision stand") which confirm such data published by the state comply 
with both statutory law (California Public Records Act, CPRA) and California's state constitution.  The bottom line is "the data are ODbL 
compliant" though it isn't via "license."


Yes, we're aware of County of Santa Clara v. California First Amendment 
Coalition as it relates to the CPRA. The wiki page describing the import 
[1] currently states the source data's _copyright status_ as being in 
the public domain, steering clear of the term "license". Hopefully 
that'll be clear enough for the purposes of this import project.



From an OSM perspective, I suppose it can be said we are fortunate to have as 
much state (of California) published geo data available to us as we do; I 
certainly am grateful for these circumstances!


Well said -- as someone who also maps in states with more restrictive 
copyright laws, it's been refreshing to be able to say "public domain", 
end of story.


[1] 
https://wiki.openstreetmap.org/wiki/Santa_Clara_County,_California/San_Jose_Sidewalk_Import


--
m...@nguyen.cincinnati.oh.us
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Re: [Talk-us] Uploading sidewalks in San Jose, California, US

[OSM Volunteer stevea]

Vivek Bansal <3viv...@gmail.com> writes:
> We are using the San Jose data which has an ODbL compliant license (and any 
> government data in California has the same).

I'm following the San José discussion and don't wish to get too technically 
legal:  I am not an attorney, though I have paid attention to the legal 
situation with state (of California) produced geo data and how our state "Open 
Data/Open Records" laws plus two fairly recent California Supreme Court 
decisions make state-published data roughly if not essentially equivalent to 
public domain.  These legal circumstances taken together with OSM's ODBL result 
in "be free to use the data, OSM, they are ODbL compliant."  It isn't exactly 
correct to use the word "license" in how California publishes geo data.  It IS 
correct that such data are "ODBL compliant."  It isn't a license that grants 
this, it is case law or stare decisis (Latin for "let the decision stand") 
which confirm such data published by the state comply with both statutory law 
(California Public Records Act, CPRA) and California's state constitution.  The 
bottom line is "the data are ODbL compliant" though it isn't via "license."

Let's not get sloppy with how we understand "ODbL" or use the word "license" 
when to do so isn't quite correct.  Yet let's not get too legally onerous, or 
nit-picky, either.  Juust right, enough said.  Vivek, please understand I'm 
not "barking hard" at you:  you are correct to use the data, I simply notice a 
little smudge using the word "license" here.  I feel a need to type this:  
maybe one more person gets a sharper focus on how state Open Data laws in the 
US can and do work for OSM (yay!) and we converse about that with rather 
precise verbiage.

The Code for San José orientation might briefly explain to participants how 
this all works:  California (public agency produced) geo data rather neatly 
comply with ODbL in a nice straight path springing from CPRA and stare decisis, 
which neatly mesh with ODbL — it's pretty cool if you enjoy the intricacies of 
legal stuff like copyright and license compliance.  From an OSM perspective, I 
suppose it can be said we are fortunate to have as much state (of California) 
published geo data available to us as we do; I certainly am grateful for these 
circumstances!

Thanks for reading,
SteveA
California
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[Talk-us] Uploading sidewalks in San Jose, California, US

[Vivek Bansal]

All,

I'm asking for a community review of our project to import the Sidewalks of
San Jose, California.

The Wiki:
https://wiki.openstreetmap.org/wiki/Santa_Clara_County,_California/San_Jose_Sidewalk_Import

Summary:
We are mappers attached to Code for San Jose.

We are using the San Jose data which has an ODbL compliant license (and any
government data in California has the same).  The import will happen
through the tasking manager in 640 separate blocks using JOSM.

We are only adding the sidewalks - not crossings nor curb cuts.

We are following the reasoning of the Seattle Import.

This message will be cross-posted on:
imports
talk-us
talk-us-sfbay

Thank you for your time!

-Vivek Bansal (3vivekb)
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