DGU spatial data under Open License compatible with ODbL?

For a long time we have access to DGU (State Geodetic Administration) spatial data, but it was not free for us to use. We would have to pay(and pay a lot if they decided they wanted to sell us the data) for the data according to the law: Pravilnik o određivanju visine stvarnih troškova uporabe podataka dokumentacije državne izmjere i katastra nekretnina

Law was changed in 2022. to fit EU directives: Zakon o izmjenama i dopunama Zakona o pravu na pristup informacijama

Now we have access to the data under Otvorena Dozvola, english summary.

We would like to know is this interpretation of general European license compatible with ODbL.

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I don’t know the answer to your question, but I am interested in the EU directive you mention. Do you know which one it is? We’re trying to get access to such data in Bulgaria, so maybe we can exchange experiences?

Commission Implementing Regulation (EU) 2023/138 of 21 December 2022:
https://eur-lex.europa.eu/eli/reg_impl/2023/138

The EU Commission has published a list of “high-value datasets” (this includes aerial imagery) that public authorities must make available free of charge and under an open licence, “through application programming interfaces (‘APIs’) and bulk download”. After a transitional period of 16 months, the regulation will come into force on 9 June 2024.

However, a delay of up to two years may be possible:

Member States may exempt individual public sector bodies, upon their request and in line with the criteria set out in the Directive from the requirement to make high-value datasets available free of charge for a period not exceeding two years from the date of the entry into force of this Implementing Regulation.

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ref. related GitHub PR: Adding information about Croatia sources by Janjko · Pull Request #4559 · openstreetmap/openstreetmap-website · GitHub

Have you perhaps forwarded this/other thread to LWG @hbogner (or @Janjko), or are we here hoping that LWG will stumble upon license tag in Croatia category by themselves?

We need to send something directly to LWG.

Waited to see if anyone has any more comments before forwarding to LWG.

Sent it to LWG.

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This is the mail that was sent to LWG:

Hi LWG team

We got a breakthrough in Croatia regarding state owned data. It was “purchasable” with restrictions only before, but now it is available under Open License. Can we use the data as is or do we need some extra steps like getting explicit written permission?

I created a thread on the forum with the links to the laws and licenses, so others with knowledge about that topic can be up to date and to chip in their knowledge.

DGU spatial data under Open License compatible with ODbL?

Regards
Hrvoje Bogner
Member of OpenStreetMap Croatia community

Unfortunately, this license requires attribution, so a waiver seems to be necessary. Similar to this one, but without the “effective technological measures” clause:
https://osmfoundation.org/wiki/Licence/Waiver_and_Permission_Templates/Cover_letter_and_waiver_template_for_CC_BY_2.0-3.0

The license seems to be based on the Open Government Licence (OGL).

Today we got the answer, and it’s POSITIVE :smiley:

Here is the complete reply:

Dear Hrvoje Bogner,

LWG has looked at the licence, and it does appear that the licence is compatible (we reviewed the English version here - Open License | Portal otvorenih podataka)

In using this data, please make sure to add your data source to Contributors - OpenStreetMap Wiki, linking to both the data source and the licence. In addition, when adding changesets with information from data sources with this licence, please be sure to indicate in the changeset the particular data source and version. This is because the licence specifies that usage attribution should "include the date of its last update” which of course could differ on a changeset by changeset basis. Please communicate this to the Croatian mapping community.

Kind regards

Kathleen Lu, on behalf of LWG


OpenStreetMap Foundation
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A company limited by guarantee, registered in England and Wales.
Registration No. 05912761.


[Ticket#2024031110000106]

This will also be reflected in the LWG minutes when they are finalized.

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I was asking about State Geodetic Administration(DGU) data, but I forgot that others now use the same license. That means we can use all the data that is under that license with proper attribution on OSM wiki. :grin:

@hbogner trebalo bi onda updateati i Contributors - OpenStreetMap Wiki sa tom odlukom i novim DOF-ovima?