I hope this passes your legal Rob. My takeaway is that your implementation
shouldn't rely on the OSMF's APIs or data downloads being available, so
your operations and use of OSM data would not be impacted if these services
weren't available or were returning unexpected responses.

On Tue, 7 Mar 2023 at 09:37, Graeme Fitzpatrick <graemefi...@gmail.com>
wrote:

> Hi Rob
>
> Response received from Legal:
>
> " The OSM Terms of Use do not impose any addition restrictions on the use
> of the OpenStreetMap geodatabase beyond the terms of ODbL.
> We do prohibit the emergencies services and anything similarly
> time-sensitive from using OSM Services directly because OSM does not
> guarantee uptime or responsiveness. However, while OSM Services include
> *data distribution*, they do not include the *data itself*. Thus, the
> Department is free to download the planet file and use the data purely
> under the terms of ODbL, but should not rely on the existence or freshness
> of the planet file download."
>
> So you should be fine to go with it, as long as everybody realises that
> OSM is still only updated by volunteers, so could potentially have issues.
>
> Thanks
>
> Graeme
>
>
> On Fri, 10 Feb 2023 at 10:41, 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
>> _______________________________________________
>> Talk-au mailing list
>> Talk-au@openstreetmap.org
>> https://lists.openstreetmap.org/listinfo/talk-au
>>
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