On 10/2/23 12:30, Andrew Harvey wrote:
Hi legal-questions,
I'm forwarding this interesting question about the OSMF Terms of Use
preventing anyone from obtaining OSM data for emergency services use.
This is in direct conflict with the ODBL terms which contain no such
restriction, and also include a limitation of liability clause. Surely
other emergency services organisations are using OSM data without issue.
I too think it is a legal cop out for liability.
I think there are some emergency services in Europe using OSM data
already .. so if I am correct then it is possible (as it should be in a
reasonable world).
See https://www.openstreetmap.us/2021/06/map-for-emergency/
On Fri, 10 Feb 2023 at 12:24, Andrew Harvey <andrew.harv...@gmail.com>
wrote:
Hi Rob,
Interesting point you raise!
While on the surface you'd think terms (from the OSMF Terms of Use
https://wiki.osmfoundation.org/wiki/Terms_of_Use#III._Unlawful_and_other_unauthorized_uses)
only ask you not to use OSMF services like the website, API for
those purposes and not the data, it includes "data distribution".
I suggest you raise this on the legal talk mailing list
https://lists.openstreetmap.org/listinfo/legal-talk and/or
directly with the OSMF legal-questi...@osmfoundation.org
(https://wiki.osmfoundation.org/wiki/Contact).
On Fri, 10 Feb 2023 at 11:41, rob potter <pots...@gmail.com> wrote:
Hi,
I am representing the state transport department Department of
Transport and Planning (Victoria, Australia) - OpenStreetMap
Wiki
<https://wiki.openstreetmap.org/wiki/Department_of_Transport_and_Planning_(Victoria,_Australia)>
and
we are looking to consume the OSM road & rail networks for our
operations.
*Lawyers have raised a concern about these conditions, as the
road data use is supplied to our emergency services fire and
ambulance. We have not started using the information but we
are implementing a system of validation and change detection,
then produce an authoritative version for other agency
consumption.*
/*_Unlawful and other unauthorized uses_ include a clause
"Operate dangerous businesses such as emergency services or
air traffic control, where the use or failure of the Services
could lead to death, personal injury or significant property
damage;" and "Store data available through the Services in
order to evade these Terms (including aiding anyone else in
doing so); or"*/
/
/
Please any advice would be greatly appreciated, ultimately we
will enhance the overall content of OSM in the Victoria, but
really do not want to cause problems later.
Thanks,
Rob
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