Pragmatically though is it really going to do any harm? Particularly if we are 
just adding a designation tag rather than using the HCC data to identify the 
course of a path?

The path could just be tagged with "designation=public_footpath; source=HCC 
Open Data, (c) OS, OS OpenData Licence" and then in the (exceedingly unlikely, 
given OS's currently open-minded stance towards open data) case that the OS 
then decide they don't want the data in OSM, we could just remove the 
designation tag.

Nick

-----"Robert Whittaker (OSM lists)" <robert.whittaker+...@gmail.com> wrote: 
-----
To: talk-gb <Talk-GB@openstreetmap.org>
From: "Robert Whittaker (OSM lists)" <robert.whittaker+...@gmail.com>
Date: 05/12/2013 12:20PM
Subject: Re: [Talk-GB] Hants CC - Open Government Licence & use of data

On 4 December 2013 11:45, Nick Whitelegg <nick.whitel...@solent.ac.uk> wrote:
> Re the HCC data I have had this communication from Dan at HCC.
>
> "Hi Nick,
>
>  I have been in comms with my contact at OS and the feedback I have had is
> that ODBL and OS Open Licence can work together.  As long as there is still
> attribution to OS with the data in an ODBL database then all should be fine
> and that
>
> “Anyone using data licensed under the OS OpenData Licence is obliged to
> ensure that its terms are met”
>
> This was not their legal teams response but thought it may help, direct
> contact with their legal is recommended when trying to sort something out
> for sure.
>
> Dan"
>
> So it looks like it can be used, but attribution to OS has to be included;
> this would, I guess (but IANAL) be covered by mentioning the OS in the
> "source" tag.

If that's the only "permission" we have, then I don't think it's
enough. The statement is rather non-committal, and it only offers
second-hand advice as to whether the licences are compatible, rather
than being an explicit permission to use the data. I don't see how the
advice would change the current situation as described at
http://robert.mathmos.net/osm/os-open-data.html . In particular, we
now have something more definitive from Ordnance Survey, stating their
view is that the OS OpenData Licence is not forward compatible with
ODbL. Then, without any specific permission from both rights holders,
I don't see how we can make use of the HCC data in OSM.

Best wishes,

Robert.

-- 
Robert Whittaker

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