

GIS mapping data is public, California high court rules - llamataboot
http://www.rcfp.org/browse-media-law-resources/news/gis-mapping-data-public-not-subject-software-fee-california-high-cou

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jholman
The title is a trifle misleading. The ruling is not that all GIS mapping data
is public; it applies to a specific chunk of GIS mapping data.

The ruling says that when the California government maintains GIS data, it
falls under "public records", and furthermore that GIS data (unlike GIS
software) does not fall under the "software" exemption to the rules for
"public records". As such, the government may not charge a licensing fee for
its use.

This does not affect GIS data in the possession of private enterprises.

IANAL, TINLA.

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llamataboot
good summary!

I rather liked this:

Justice Goodwin Liu wrote in the decision that while it was unclear whether
this exemption covered GIS data, the court must err on the Sierra Club's side
because Article I, Section 3 of the state Constitution requires that any law
“shall be broadly construed if it furthers the people‘s right of access, and
narrowly construed if it limits the right of access.”

Seems like a particularly sane guideline in an age where technology is moving
faster than laws.

