Stevea, Thanks for the comments. I don't think i'll ever be able to say the word "license" again.
-Vivek On Wed, Sep 20, 2017 at 1:18 AM Minh Nguyen <m...@nguyen.cincinnati.oh.us> wrote: > On 19/09/2017 23:44, OSM Volunteer stevea wrote: > > Vivek Bansal <3viv...@gmail.com> writes: > >> We are using the San Jose data which has an ODbL compliant license (and > any government data in California has the same). > > > > I'm following the San José discussion and don't wish to get too > technically legal: I am not an attorney, though I have paid attention to > the legal situation with state (of California) produced geo data and how > our state "Open Data/Open Records" laws plus two fairly recent California > Supreme Court decisions make state-published data roughly if not > essentially equivalent to public domain. These legal circumstances taken > together with OSM's ODBL result in "be free to use the data, OSM, they are > ODbL compliant." It isn't exactly correct to use the word "license" in how > California publishes geo data. It IS correct that such data are "ODBL > compliant." It isn't a license that grants this, it is case law or stare > decisis (Latin for "let the decision stand") which confirm such data > published by the state comply with both statutory law (California Public > Records Act, CPRA) and California's state constitution. The bottom line is > "the data are ODbL compliant" though it isn't via "license." > > Yes, we're aware of County of Santa Clara v. California First Amendment > Coalition as it relates to the CPRA. The wiki page describing the import > [1] currently states the source data's _copyright status_ as being in > the public domain, steering clear of the term "license". Hopefully > that'll be clear enough for the purposes of this import project. > > > From an OSM perspective, I suppose it can be said we are fortunate to > have as much state (of California) published geo data available to us as we > do; I certainly am grateful for these circumstances! > > Well said -- as someone who also maps in states with more restrictive > copyright laws, it's been refreshing to be able to say "public domain", > end of story. > > [1] > > https://wiki.openstreetmap.org/wiki/Santa_Clara_County,_California/San_Jose_Sidewalk_Import > > -- > m...@nguyen.cincinnati.oh.us > _______________________________________________ > Talk-us mailing list > Talk-us@openstreetmap.org > https://lists.openstreetmap.org/listinfo/talk-us >
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