Feedback from the legal-talk list is that the reply from the Department of Prime Minister and Cabinet is not sufficient and therefore we cannot use PSMA datasets in OSM.
As far as I can ascertain, the lines on the Contributors page of the wiki, referring to PSMA boundaries, were added by a user named Reubot a little over three months ago. However a search for this user returned a result that there was no user of this name - I'm not sure how that works and someone else may understand how this could be so. This user also added Brisbane City Council as a source in the Contributors page so someone may wish to check if that data is actually permitted in OSM either. I'm not sure how much data was actually added to OSM from PSMA by this user or anyone else. I would like to delete the lines on the Contributors page of the wiki, referring to PSMA boundaries, unless there are objections. As an amatuer/novice, I was almost misled into thinking that inclusion of a source in the Contributors page gave me a green light to use that source and I fear it may mislead others if the information is left there. For the same reason I would also like to remove the reference to the NSW Geographic Names Board - we discussed that source within recent months and it seems we do not have the necessary permission for that either. This is not a significant problem as the same GNB data and much more is in the LPI NSW data for which we do have explicit permission. Any comments on my proposal to delete lines from the Contributors page of the wiki? On Fri, Jul 8, 2016, at 11:15 AM, cleary wrote: > > The issue of using the Australian PSMA Administrative Boundaries in OSM > was discussed in both talk-au and legal-talk lists. Subsequently I > submitted a request to the Spatial Unit, Department of Prime Minister > and Cabinet, seeking permission and stating the issues as clearly as I > could. Today I received the following response with my initial request > shown below. > > It explicitly states we are not responsible for the actions of > downstream users but I think we need the legal-talk group to clarify if > the response helps us. For this reason, this response is being > submitted to both lists. > > > > ----- Original message ----- > From: Spatial <spat...@pmc.gov.au> > To: "o...@97k.com" <o...@97k.com> > Cc: Spatial <spat...@pmc.gov.au> > Subject: RE: Permission for OpenStreetMap to use PSMA Administrative > Boundaries [SEC=UNCLASSIFIED] > Date: Fri, 8 Jul 2016 00:19:27 +0000 > > UNCLASSIFIED > Dear Michael > > Thank you for your email seeking clarification about the licensing > conditions regarding the PSMA Administrative Boundaries dataset. > > Given the large volume of public datasets available via data.gov.au > (over 8,200 datasets), we are unable to provide statements with explicit > permission for use to individual users. > > However, we can provide some clarification regarding your concerns. > > There are no substantial differences between the CC BY 3.0 and the CC BY > 4.0 licences. A summary of the differences can be found here: > https://creativecommons.org/share-your-work/licensing-considerations/version4/. > > CC BY 4.0 (like CC BY 3.0) does not prevent OpenStreetMap from applying > your own licence to your products but requires end users to comply with > the CC BY licence (in relation to the original data). > > The preferred attribution for adapted material using the PSMA > Administrative Boundaries dataset is: > > Incorporates or developed using Administrative Boundaries (c)PSMA > Australia Limited licensed by the Commonwealth of Australia under > Creative Commons Attribution 4.0 International licence (CC BY 4.0). > > We can also confirm that OpenStreetMap is not responsible for the > actions of your downstream users. Given the nature of the CC BY licence, > your downstream users directly licence the Administrative Boundaries > data from the Commonwealth. Provided that OpenStreetMap comply with the > licence, then any breach by third parties leads to automatic termination > of that third party's rights to use the material and does not impact > OpenStreetMap's licence. > > I trust this information has been of assistance. > > Kind regards, > > Spatial Policy team > > > -----Original Message----- > From: cleary [mailto:o...@97k.com] > Sent: Thursday, 30 June 2016 6:08 PM > To: Spatial > Subject: Permission for OpenStreetMap to use PSMA Administrative > Boundaries > > > > I am a volunteer contributor to OpenStreetMap (OSM) > (www.openstreetmap.org) which provides a map, based on open data, for > use by anyone who wishes to access it. I understand that OpenStreetMap > is the largest open data map project in the world. Various bodies, > including some Government organisations, are increasingly using OSM and > I was pleased to note that some pages on the data.gov.au website are > using OSM. > > Approximately five years ago, OSM was given explicit permission to > incorporate data from Australian Government public information datasets > which had been published under CC-BY-2.5 and CC-BY-3.0 licences. The > explicit permission allowed OSM to incorporate and publish these CC-BY > licensed geographic coordinate datasets under a free and open license, > including the Open Database License, provided that attribution was made > in the Contributors page of the OpenStreetMap Wiki > (http://wiki.openstreetmap.org/wiki/Contributors) including each dataset > being identified with specified informaton. (See > http://wiki.openstreetmap.org/wiki/Attribution/data.gov.au_explicit_permission) > > I write now to request extension of permission to include the PSMA > Administrative Boundaries. > > It is perceived that issues which may require clarification in regard to > the PSMA Administrative Boundaries are: > > 1. The PSMA Administrative Boundaries are provided under a CC-BY-4.0 > licence, not the earlier licences previously specified. > 2. The explicit permission that OSM received was for data released > directly by the Australian Government, and it is unclear if that would > apply to data that which has been licensed from third parties for > distribution, which seems to be the case with the PSMA boundaries. > 3. There is a requirement that the data may be used only in ways that > are consistent with the Australian Privacy Principles. OSM does not > collect or use personal information about identifiable individuals but > it cannot guarantee how downstream users might use data published by OSM > under a free and open licence. If downstream users of OSM are a concern, > would it be possible for the Department of Prime Minister and Cabinet or > PSMA to identify which datasets are problematic in this regard and > exclude them, while granting OSM permission to use datasets which would > not provide any cause for concern in regard to the Privacy Principles? > > On behalf of OSM, I request that you provide a further statement which > can be published in the OSM wiki, specifying which datasets from the > PSMA Administrative Boundaries may be incorporated into OSM, and stating > that credit on the Contributors page of the OSM wiki is sufficient to > fulfil attribution requirements including downstream use in works > derived from OSM. > > If you require clarification of this request, I would be pleased to > speak with a Department of Prime Minister and Cabinet or PSMA > representative by phone or provide further information by email if that > is preferred. > > > Michael Cleary > (personal contact details deleted from this reproduction of original) > > > _______________________________________________ > Talk-au mailing list > Talk-au@openstreetmap.org > https://lists.openstreetmap.org/listinfo/talk-au _______________________________________________ Talk-au mailing list Talk-au@openstreetmap.org https://lists.openstreetmap.org/listinfo/talk-au
