Thanks for the input all,

I'll reply more fully later when I have time but for now I'll just say this.

1, I had considered the potential contradictions of definitive map, dataset and usage but had not yet tackled the question. Interestingly I know of a recent case where the on-line maps at HCC (and dataset) ave been updated before the definitive map has been so it can does work both ways there!

2, I had not noticed the OS involvement in the licence.

3, Good point about the definitive statements - they are of-course releasable (or rather would be if they did not form part of a publication scheme) under the FOI so I would be surprised to find objection to the release under a suitable licence.

4, I guess one can still use the definitive maps/ statements to determine the 'designation' i.e. legal status of the RoW - after all when we tag a way with a value of 'designated' in respect of usage on foot or horse back for example we are referring to its legal status and not private rights or misuse etc. - Have I got that right?

5, I have noticed that other datasets from LA's under the OGL have been used, but then I haven't check to see if the OS stuff has been appended to it.

Shame this isn't Wikipedia as I think we would have a reasonable argument for utilising US copyright laws with respect to phone books etc.

Regards

On 03/12/13 11:17, Robert Whittaker (OSM lists) wrote:
On 3 December 2013 02:51, wintonian <m...@wintonian.net> wrote:
Can use this data from Hants CC ( http://www3.hants.gov.uk/row/row-maps.htm
)? It has been released under the 'Open Goverment License' (
http://www3.hants.gov.uk/opendata/licence.htm ).

Data released under the "Open Government Licence" would be fine to use
in OSM. However, according to
http://www3.hants.gov.uk/row/row-maps.htm the RoW GIS data is actually
released under the "Ordnance Survey Open Data Licence". This licence
is slightly difference, and problematic as far as OSM is concerned.
See http://robert.mathmos.net/osm/os-open-data.html for a full
discussion. The short answer is that we can't use OS OpenData licensed
material (or derivativ3e works thereof) without separate permission
from the rights holders.

It's possible someone may have got that permission for the Hampshire
data from Hampshire CC and OS though. See what's written at
http://wiki.openstreetmap.org/wiki/UK_local_councils -- but I'd check
with whoever added that comment that it can be relied upon first. (OS
have been rather inconsistent in the past in their statements about
whether their OS OpenData Licence is compatible with the ODbL that OSM
uses.) It looks like the edit where it was added was
http://wiki.openstreetmap.org/w/index.php?title=UK_local_councils&diff=782218&oldid=782215
.

As far as Public Rights of Way in general are concerned, another
source of information (which OS doesn't claim any rights in) is the
written "Definitive Statement" that each council also has to maintain.
Since the data in the statements is owned entirely by the councils,
they are free to release it under a suitable licence (e.g. the OGL)
for use in OSM. For more information and advice, see
http://robert.mathmos.net/osm/prow/council-docs.html . The Hampshire
Definitive Statements are online, but I don't know if they've been
released under a suitable licence.

Hope that helps,

Robert.


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