On 24 January 2014 07:29, Bernard Moore <bcmo...@ntlworld.com> wrote:
> Norfolk County Council offer Public Rights of Way data on this page :-
> http://maps.norfolk.gov.uk/inspire/ (last row of the NCC block).
> It is issued under Open Government Licence :-
> http://www.nationalarchives.gov.uk/doc/ … version/2/
> These open licence terms are all very confusing (open not always meaning
> open). Therefore my question is, can I copy the RoW lines from the WMS maps
> (which open in JOSM) and use the data in OSM?

If data is indeed offered for re-use under the Open Government
Licence, then the answer is yes, you can use it in OSM.

If you read to the end of the OGL, you'll find that it helpfully says:

"These terms are compatible with the Creative Commons Attribution
License 4.0 and the Open Data Commons Attribution License, both of
which license copyright and database rights. This means that when the
Information is adapted and licensed under either of those licences,
you automatically satisfy the conditions of the OGL when you comply
with the other licence."

So you can be confident that if you have data under the OGL then you
would have sufficient rights to allow re-distribution under the ODC-By
licence, which in turn implies it's ok for OSM to distribute it under
the ODbL.

However, there is one potential problem in this specific case -- and
that is whether or not Norfolk CC actually have the rights to
distribute that data under the OGL. The coordinates in the dataset
will almost certainly have been derived from an Ordnance Survey base
map. If that's the case then Ordnance Survey claim IP rights in the
data. While there is a procedure to allow councils to release such
data, OS insists that it's released under OS's own variant of the OGL,
the OS OpenData Licence. Unfortunately, this licence is probably not
compatible with the ODbL, and hence we can't use such data in OSM. See
http://robert.mathmos.net/osm/os-open-data.html and
http://robert.mathmos.net/osm/prow/council-gis.html

So before making use of the data, it would be good to get
clarification from Norfolk CC about whether they own all the IP rights
to the data and whether they are actually able of offer it under the
OGL.

If you're interested in Norfolk Rights of Way though, one thing that
we can definitely use in OSM is the set of Definitive Statements that
the council maintains. These aren't restricted by OS's IP rights, and
we have permission to use them under the OGL. See
http://robert.mathmos.net/osm/prow/norfolk/ .

Robert.

(On the subject of confusing licences, I've long said the OSM's
Licence Working Group should maintain official lists of "OSM
compatible" and "OSM incompatible" licences that they've reviewed, in
order to save mappers continually having to ask these sorts of
questions and deal with legal interpretations themselves.
Unfortunately, this doesn't deem to have happened yet.)

-- 
Robert Whittaker

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