Bhuvan Derived Data Copyright Question (Shapefile data)
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Thejesh GN
Jan 28, 2016, 12:32:55 AM1/28/16
to data...@googlegroups.com
Terms of uses and Citation Policy:
1.NRSC/ISRO grants only single user license for the use of Earth Observation data and products downloaded from this web portal, after appropriate registration in the portal.
2. NRSC grants the user a limited, non-exclusive, non-transferable license with the following terms and conditions.
i. User can download and install the product in his/her premises (including on an internal computer network) with the express exclusion of the Internet based hosting;
[Thej] You can redistribute their original data on internet? It doesnt say anything about derivative. I would have loved if they didn't have that exclusion.[/Thej]
ii. User can make copies of the product (for installation and back-up purposes) ;
iii. User can use the product for his/her own internal needs and application;
iv. User can use the product to produce Value Added Products and/or derivative works;
v. User can make the product and/or any Value Added Product as per their requirement use on behalf of the user;
[Thej] Make your changes. As far as I know you will own the changes[/Thej]
vi. User can print and distribute or post the data (of 1K x 1K size) on an Internet site (visualization purpose only), but with no possibility of downloading of original product, in each case with an appropriate credit conspicuously displayed as per NRSC/ISRO citation policy.
[Thej] Dont redistribute original data, again [/Thej]
vii. The user shall indemnify NRSC for any loss; claims and conclusions drawn out of the direct use of the data or value added product generated using the data/service by them or by any other third party. NRSC disowns liability for issues that might emerge due to use of data for any commercial and/or legal purposes.
viii. The data and web service shall remain exclusive property of NRSC, ISRO. All the Copyright lies with NRSC/ ISRO for data and web services.
[Thej] Their data belongs to them [/Thej]
ix. Users must invariably acknowledge the data and web service source and use. The source of the data and service will be cited as "Name of the Data", National Remote Sensing Centre, ISRO, Government of India, Hyderabad, India.
[Thej] Attribute [/Thej]
3. Users are encouraged to provide their feedback on data and its uses through online or email.
All in all it looks okay. But I am not a lawyer. I would love to see lawyers comments.
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Dilip Damle
Jan 28, 2016, 1:00:56 AM1/28/16
to datameet
HI,
Actually we need to discuss the copyright issues together as a group for various inputs sources.
I have reverse engineered village boundaries of Two states from PDFs.
It is "work in progress" hence it is important to know what is the legal status.
Craig Dsouza
Jan 31, 2016, 8:06:57 AM1/31/16
to datameet
So the data on Bhuvan's various sites I have noticed is from one of three original sources
- NRSC
- Survey of India
- WRIS (Water Resources Info System, CWC)
Each of them have their own access and use policies
Check out this link for Bhuvan Panchayat
On the menu at the top click SISDP>Metadata>Spatial Layers
For many of the spatial data layers it says
Use constraints: As per Survey of India (SOI) data dissemination policy.
Access constraints: As per National Map Policy of Survey of India (SOI)
Hence for the boundary layers, it isn't the NRSC Terms of Use that is applicable but the Survey of India policies
The National Map Policy is easily available on their website but i haven't been able to find their data dissemination policy anywhere. (Does anyone know where we can find it? )
They have instead a National Data Sharing and Accessibility Policy (2012), which I don't think is the same.
For other Bhuvan layers, where the NRSC Terms of Use applies.
I had visited the NRSC office recently and they told me that there are no restrictions on digitizing layers, and using the digitized versions to make our own web app visualizations.
But whether it is ok to allow download of these digitized files the guy I spoke to wasn't able to confirm.
Dilip, which states village boundaries have you worked on??
In the Pune chapter we are thinking of an exercise to digitize Maharashtra's villages.
Maybe you could help us out?
Best
Craig
Nisha Thompson
Feb 1, 2016, 12:50:43 AM2/1/16
to datameet
Hey
Thej and I have been consulting with lawyers to get a better idea of the risk or releasing data through the group.
Copyright in India is a gray area, but a discussion on the issues are definitely necessary. Our understanding is that the expression of data is copyrighted not the data itself. Maps are an expression of data which means they are copyrighted. However there are questions around the status of the shapefiles and taking information out of maps and putting into a different expression.
We were advised for the data we are releasing to understand how the data is being liberated and what the intention is. While this doesn't protect in every situation, as the government becomes more open we can use it as a lobbying effort to change policies.
Demand, process and intention of data liberation are the basic steps.
What is the demand for this data among the public?
--Thej is writing a paper about this to be released shortly.
Process
--How was a dataset liberated, from a technical standpoint?
Intention
-This data was liberated for the public good.
And Praachi's talk at ODCDel2014 (sound quality is poor)
Shall we have a hangout or a call on questions about copyright? So we can then bring in some lawyers to consult?
Nisha
--
Dilip Damle
Feb 1, 2016, 1:13:18 AM2/1/16
to datameet
HI Craig,
I used the pdf file links in Nisha's post and have created Raw Vector Data for Gujarat, Bihar and Kerala.
The Jujarat Data I have already shared here. Bihar and Kerala are in the pipe line.
But I am not sure about the copyright issues so I am not sharing anything publicly till we know.
I did not exactly digitise (in the sense trace) that would be a marathon task requiring a big team.
I reverse engineered them. Though it is still a long way before a clean shapefile with attributes is available.
Raphael Susewind
Feb 1, 2016, 1:34:41 AM2/1/16
to data...@googlegroups.com
Dear all,
what I would find particularly useful is a (tentative) legal answer to
the question at which degree of data curation copyright kicks in.
As I understand, Indian copyright law knows the concept of "factual
data" which is exempt from copyright (in that it seems quite similar to
US law). Curation of data attracts copyright, though.
I rely on this distinction quite a lot for my work with election data,
assuming that results published by the Election Commission, or more
precisely the fact that candidate X pulled Y votes in locality Z are
"factual data". If we as a group curate or improve upon (clean up etc)
this data, the information itself remains factual, but the curation
effort attracts copyright (which we can then lift under open licenses -
for instance this one: http://opendatacommons.org/licenses/odbl/).
My legal question is after what level of curation data ceased to be
factual only. If the Election Commission tabulates it into a PDF, is
that already copyrighted? If we do not redistribute the PDF, but just
its contents, what does this imply for copyright? Or does copyright only
kick in after more complex operations, such as creating maps or other
"expressions" as you called it?
It seems that this transition from factual to copyrighted data is a
blurry but important one, and it would be useful to have some legal
guidance on borderline cases - especially when public data is not
expressly licensed (earlier versions of GIS data from the ECI had no
legal disclaimer, for example - so what about these? Later versions have
an express disclaimer that one is not to reuse it. Which is fine - if
the data owner/curator asks for something, one should obey. But the
borderline cases concern a lot of our work here)...
My 5 cents for the lawyers ;-)
Best,
Raphael
> *
> *
>
> *Terms of uses and Citation Policy:*
>
> *[Thej] You can redistribute their original data on
> Products and/or derivative works;*
>
> v. *User can make the product and/or any Value Added Product
> as per their requirement use on behalf of the user;*
>
> *[Thej] Make your changes. As far as I know you will own the
> changes[/Thej]*
> product*, in each case with an appropriate credit
>
> *[Thej] Their data belongs to them [/Thej]*
>
> ix. *Users must invariably acknowledge the data and web
>
> *[Thej] Attribute [/Thej]*
> <mailto:datameet+u...@googlegroups.com>.
> skype: nishaqt
> mobile: 962-061-2245
>
>
Dr Raphael Susewind | Political anthropologist, Associate CSASP Oxford
Snail Mail | Melanchthonstr. 4a, 33615 Bielefeld, Germany
Web & Twitter | https://www.raphael-susewind.de | @RaphaelSusewind
Impact | https://impactstory.org/raphael-susewind
Please consider https://www.gnupg.org for encryption (key id 10AEE42F)
what I would find particularly useful is a (tentative) legal answer to
the question at which degree of data curation copyright kicks in.
As I understand, Indian copyright law knows the concept of "factual
data" which is exempt from copyright (in that it seems quite similar to
US law). Curation of data attracts copyright, though.
I rely on this distinction quite a lot for my work with election data,
assuming that results published by the Election Commission, or more
precisely the fact that candidate X pulled Y votes in locality Z are
"factual data". If we as a group curate or improve upon (clean up etc)
this data, the information itself remains factual, but the curation
effort attracts copyright (which we can then lift under open licenses -
for instance this one: http://opendatacommons.org/licenses/odbl/).
My legal question is after what level of curation data ceased to be
factual only. If the Election Commission tabulates it into a PDF, is
that already copyrighted? If we do not redistribute the PDF, but just
its contents, what does this imply for copyright? Or does copyright only
kick in after more complex operations, such as creating maps or other
"expressions" as you called it?
It seems that this transition from factual to copyrighted data is a
blurry but important one, and it would be useful to have some legal
guidance on borderline cases - especially when public data is not
expressly licensed (earlier versions of GIS data from the ECI had no
legal disclaimer, for example - so what about these? Later versions have
an express disclaimer that one is not to reuse it. Which is fine - if
the data owner/curator asks for something, one should obey. But the
borderline cases concern a lot of our work here)...
My 5 cents for the lawyers ;-)
Best,
Raphael
> *
>
> *Terms of uses and Citation Policy:*
>
> 1.NRSC/ISRO grants only single user license for the use of
> Earth Observation data and products downloaded from this web
> portal, after appropriate registration in the portal.
>
> 2. NRSC grants the user a limited, non-exclusive,
> non-transferable license with the following terms and
> conditions.
>
> *i. User can download and install the product in his/her
> 1.NRSC/ISRO grants only single user license for the use of
> Earth Observation data and products downloaded from this web
> portal, after appropriate registration in the portal.
>
> 2. NRSC grants the user a limited, non-exclusive,
> non-transferable license with the following terms and
> conditions.
>
> premises (including on an internal computer network) with
> the express exclusion of the Internet based hosting;*
>
> *[Thej] You can redistribute their original data on
> internet? It doesnt say anything about derivative. I would
> have loved if they didn't have that exclusion.[/Thej]*
>
> ii. User can make copies of the product (for installation
> and back-up purposes) ;
>
> iii. User can use the product for his/her own internal needs
> and application;
>
> iv. *User can use the product to produce Value Added
> ii. User can make copies of the product (for installation
> and back-up purposes) ;
>
> iii. User can use the product for his/her own internal needs
> and application;
>
> Products and/or derivative works;*
>
> v. *User can make the product and/or any Value Added Product
> as per their requirement use on behalf of the user;*
>
> *[Thej] Make your changes. As far as I know you will own the
> changes[/Thej]*
>
> vi. User can print and distribute or post the data (of 1K x
> 1K size) on an Internet site (visualization purpose only),
> but with *no possibility of downloading of original
> vi. User can print and distribute or post the data (of 1K x
> 1K size) on an Internet site (visualization purpose only),
> product*, in each case with an appropriate credit
> conspicuously displayed as per NRSC/ISRO citation policy.
>
> *[Thej] Dont redistribute original data, again [/Thej]*
>
>
> vii. The user shall indemnify NRSC for any loss; claims and
> conclusions drawn out of the direct use of the data or value
> added product generated using the data/service by them or by
> any other third party. NRSC disowns liability for issues
> that might emerge due to use of data for any commercial
> and/or legal purposes.
>
> viii. *The data and web service shall remain exclusive
> vii. The user shall indemnify NRSC for any loss; claims and
> conclusions drawn out of the direct use of the data or value
> added product generated using the data/service by them or by
> any other third party. NRSC disowns liability for issues
> that might emerge due to use of data for any commercial
> and/or legal purposes.
>
> property of NRSC, ISRO. All the Copyright lies with NRSC/
> ISRO for data and web services.*
>
> *[Thej] Their data belongs to them [/Thej]*
>
> ix. *Users must invariably acknowledge the data and web
> service source and use. The source of the data and service
> will be cited as "Name of the Data", National Remote Sensing
> Centre, ISRO, Government of India, Hyderabad, India.*
> will be cited as "Name of the Data", National Remote Sensing
>
> *[Thej] Attribute [/Thej]*
>
> 3. Users are encouraged to provide their feedback on data
> and its uses through online or email.
>
>
>
> All in all it looks okay. But I am not a lawyer. I would
> love to see lawyers comments.
> Thej
> --
> Thejesh GN *⏚* ತೇಜೇಶ್ ಜಿ.ಎನ್
> 3. Users are encouraged to provide their feedback on data
> and its uses through online or email.
>
>
>
> All in all it looks okay. But I am not a lawyer. I would
> love to see lawyers comments.
> Thej
> --
> For more options, visit https://groups.google.com/d/optout.
>
>
>
>
> --
> Nisha Thompson
> DataMeet.org
> ni...@datameet.org <mailto:ni...@datameet.org>
>
>
>
>
> --
> Nisha Thompson
> DataMeet.org
> skype: nishaqt
> mobile: 962-061-2245
>
>
> --
> Datameet is a community of Data Science enthusiasts in India. Know more
> about us by visiting http://datameet.org
> ---
> You received this message because you are subscribed to the Google
> Groups "datameet" group.
> To unsubscribe from this group and stop receiving emails from it, send
> an email to datameet+u...@googlegroups.com
> <mailto:datameet+u...@googlegroups.com>.
> Datameet is a community of Data Science enthusiasts in India. Know more
> about us by visiting http://datameet.org
> ---
> You received this message because you are subscribed to the Google
> Groups "datameet" group.
> To unsubscribe from this group and stop receiving emails from it, send
> an email to datameet+u...@googlegroups.com
Dr Raphael Susewind | Political anthropologist, Associate CSASP Oxford
Snail Mail | Melanchthonstr. 4a, 33615 Bielefeld, Germany
Web & Twitter | https://www.raphael-susewind.de | @RaphaelSusewind
Impact | https://impactstory.org/raphael-susewind
Please consider https://www.gnupg.org for encryption (key id 10AEE42F)
Nikhil VJ
Feb 4, 2016, 12:14:22 AM2/4/16
to data...@googlegroups.com
Hi,
Also (with a real lawyer's help of course) look into these angles:
Is the govt of India a privately held company or is it owned by the
people of India?
Is data whose assimilation and curation was paid for using taxes
collected from citizens of India.. then not the property of the
citizens of India?
Is government property actually public property held in stewardship by
the govt on behalf of the citizens it represents (similar to power of
attorney), or is it exclusive private property irrsepective of who has
paid for it?
If a citizen of India makes use of data that has been paid for by
citizens of India, is that not rightful use?
I know the systems as of today are in some other boat as far as these
questions are concerned, carrying their own assumptions that conflict
with these points. But these questions can be useful in challenging
the systems.
Some proxy activism might also work out.. for example, what if an
elected representative publishes such data using the same principle of
representation of people that a govt agency uses to claim its rights
over it? If we can get a sitting MP or MLA or even corporator or
sarpanch on board, will the govt agency be that willing to go hammer
and tongs after them?
Else, even opposition political parties might be happy to publish the
data "on behalf of the people". And human rights, activist groups like
NAPM too.
Also, how about this thought-germ:
Any geographical data is first and foremost the property of the
citizens residing upon the territory that said geographical data
covers. So the ward boundaries of Pune are firstly the property of the
residents living within those boundaries. The groundwater data of
Maharashtra region is firstly property of all Indian citizens residing
in Maharashtra. Someone else cannot claim ownership over that data
even if they have taken efforts or spent money to create it, as that
is seen as a plublic service rendered to those residents.
I guess the underlying idea behind this, which directly conflicts with
official copyright laws discussed here is : the people own the
government.
--
Cheers,
Nikhil
+91-966-583-1250
Pune, India
Self-designed learner at Swaraj University <http://www.swarajuniversity.org>
http://nikhilsheth.blogspot.in
Also (with a real lawyer's help of course) look into these angles:
Is the govt of India a privately held company or is it owned by the
people of India?
Is data whose assimilation and curation was paid for using taxes
collected from citizens of India.. then not the property of the
citizens of India?
Is government property actually public property held in stewardship by
the govt on behalf of the citizens it represents (similar to power of
attorney), or is it exclusive private property irrsepective of who has
paid for it?
If a citizen of India makes use of data that has been paid for by
citizens of India, is that not rightful use?
I know the systems as of today are in some other boat as far as these
questions are concerned, carrying their own assumptions that conflict
with these points. But these questions can be useful in challenging
the systems.
Some proxy activism might also work out.. for example, what if an
elected representative publishes such data using the same principle of
representation of people that a govt agency uses to claim its rights
over it? If we can get a sitting MP or MLA or even corporator or
sarpanch on board, will the govt agency be that willing to go hammer
and tongs after them?
Else, even opposition political parties might be happy to publish the
data "on behalf of the people". And human rights, activist groups like
NAPM too.
Also, how about this thought-germ:
Any geographical data is first and foremost the property of the
citizens residing upon the territory that said geographical data
covers. So the ward boundaries of Pune are firstly the property of the
residents living within those boundaries. The groundwater data of
Maharashtra region is firstly property of all Indian citizens residing
in Maharashtra. Someone else cannot claim ownership over that data
even if they have taken efforts or spent money to create it, as that
is seen as a plublic service rendered to those residents.
I guess the underlying idea behind this, which directly conflicts with
official copyright laws discussed here is : the people own the
government.
Cheers,
Nikhil
+91-966-583-1250
Pune, India
Self-designed learner at Swaraj University <http://www.swarajuniversity.org>
http://nikhilsheth.blogspot.in
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