Licensing cartographic activities for everyone?
About the article
I decided to write this controversial topic, which concerns all those who are somehow connected with any cartographic activity. It does not matter if you are working with cartographic information on the Internet or offline. This article does not consider the licensing procedure, but tries to answer the primary question of whether to license its activities in principle. This entry was caused by this discussion in our forum.
Disclaimer
')
I consider the situation with licensing to be absurd, and in this topic I act as a “devil's advocate”, trying to prove that every cartographic sneeze must be licensed. I wonder your attitude and ways out of this situation. I understand that the assumptions made may be fundamentally wrong or not suitable in your situation. Your competitors may be people with crystal clear intentions or you don't give a damn about the legal side of the issue, in this case, you can stop reading. I will be extremely happy for constructive criticism, not a stone unturned in my construction. I also warn you that I have nothing to do with the legal sphere.
Situation
You produce some kind of cartographic product. An example of such a product is a database of restaurants that you visualize on your topography or, say, google maps, there is no fundamental difference. An implementation may simply be a visualization of the data or have a set of additional functions.
The question of life and death and in general
Do you need [your organization] a license for such activities?
Why does such a question arise at all?
If the project is serious, you should be ready to counter competitors, data holders, Roskartografiya and other detractors. Seeing your success, they can push | sue, etc., to somehow hinder your development. One of the ways you can "pin up" is to ask such a question.
Debriefing: how legitimate is this question
You can say that this question does not concern us ... and you will be wrong. Let's get acquainted with some regulatory and legal documents regulating activities in the field of cartography (the full versions of all the mentioned documents can be found here ):
First, let's see what defines this activity:
0. Federal Law “On Geodesy and Cartography” of December 26, 1995 N 209-FZ
“Article 12. Licensing of geodesic and cartographic activities
1. Geodetic and mapping activities are subject to licensing.
...
3. The performance by citizens and legal entities of geodesic and cartographic activities without appropriate licenses or in violation of the conditions specified in these licenses entails liability established by the legislation of the Russian Federation. ”
1. Decree of the Government of the Russian Federation of May 28, 2002. No. 360. On licensing activities in the field of geodesy and cartography - says "Regulations on the licensing of cartographic activities"
2. Regulations on the licensing of cartographic activities. Approved by the Decree of the Government of the Russian Federation of May 28, 2002 No. 360 - determines the procedure for licensing cartographic activities carried out by legal entities and individual entrepreneurs.
Next, let us ask ourselves where to find a list of those types of work that fall under this activity.
3. The list of specific types of work that are part of the licensed cartographic activities
(from the list of works specified in Article 3 of the Federal Law “On Geodesy and Cartography”). Approved by order of the Federal Service for Geodesy and Cartography of Russia dated July 5, 2002 No. 95-pr - perhaps the most interesting document from a practical point of view. In paragraph 4 of this document is the "ambush", which can be used to dishonestly combat undesirable:
"four. Creation and maintenance of geographic information systems for federal, regional and special purposes.
4.1. Creation and maintenance of geographic information systems for federal and regional purposes.
4.2. Creation and maintenance of special purpose geographic information systems. ”
Already warmer. I feel that the work that you do may fall under the definition of GIS.
What is this "geographic information system"?
For the definition, we turn to the source, which is likely to be quoted for the definition - GOST 52438-2005 Geographical information systems. Terms and Definitions.
We quote:
" Geoinformation system : GIS: Information system operating with spatial data.
Information system : A system designed to store, process, search, distribute, transmit and present information.
Data : Information presented in a form suitable for processing by automatic means with the possible participation of a person.
Spatial data : data on spatial objects and their sets
So, is our system (restaurants on google maps) geo-information?
Yes, according to this definition is.
Information system? - Yes, we store, distribute and present information about restaurants.
Spatial data? - Certainly spatial, since each point of the restaurant is in the spatial coordinate system.
Thus, we have created a GIS, kindly go through the licensing process.
Replica from the audience. Yes, you went with your licensing!
Response replica from another room:
"" Part 2 of Art. 14.1 of the Administrative Code of the Russian Federation: "Doing business without special permission (license), if such permission (such license) is mandatory (mandatory), entails the imposition of an administrative fine on citizens in the amount of from twenty to twenty-five times the minimum wage labor with the confiscation of manufactured products, instruments of production and raw materials or without them; on officials - from forty to fifty minimum wages with the confiscation of manufactured products, instruments of production and raw materials or such, for legal entities - from four hundred to five hundred minimum wages with confiscation of manufactured products, means of production and raw materials or without it. ' "
So here, dear comrades, who is to blame, that the drawings in the atlas of contour maps and the location map on a site with a marked point of destination are also geographic information system, the law is the law?
I decided to write this controversial topic, which concerns all those who are somehow connected with any cartographic activity. It does not matter if you are working with cartographic information on the Internet or offline. This article does not consider the licensing procedure, but tries to answer the primary question of whether to license its activities in principle. This entry was caused by this discussion in our forum.
Disclaimer
')
I consider the situation with licensing to be absurd, and in this topic I act as a “devil's advocate”, trying to prove that every cartographic sneeze must be licensed. I wonder your attitude and ways out of this situation. I understand that the assumptions made may be fundamentally wrong or not suitable in your situation. Your competitors may be people with crystal clear intentions or you don't give a damn about the legal side of the issue, in this case, you can stop reading. I will be extremely happy for constructive criticism, not a stone unturned in my construction. I also warn you that I have nothing to do with the legal sphere.
Situation
You produce some kind of cartographic product. An example of such a product is a database of restaurants that you visualize on your topography or, say, google maps, there is no fundamental difference. An implementation may simply be a visualization of the data or have a set of additional functions.
The question of life and death and in general
Do you need [your organization] a license for such activities?
Why does such a question arise at all?
If the project is serious, you should be ready to counter competitors, data holders, Roskartografiya and other detractors. Seeing your success, they can push | sue, etc., to somehow hinder your development. One of the ways you can "pin up" is to ask such a question.
Debriefing: how legitimate is this question
You can say that this question does not concern us ... and you will be wrong. Let's get acquainted with some regulatory and legal documents regulating activities in the field of cartography (the full versions of all the mentioned documents can be found here ):
First, let's see what defines this activity:
0. Federal Law “On Geodesy and Cartography” of December 26, 1995 N 209-FZ
“Article 12. Licensing of geodesic and cartographic activities
1. Geodetic and mapping activities are subject to licensing.
...
3. The performance by citizens and legal entities of geodesic and cartographic activities without appropriate licenses or in violation of the conditions specified in these licenses entails liability established by the legislation of the Russian Federation. ”
1. Decree of the Government of the Russian Federation of May 28, 2002. No. 360. On licensing activities in the field of geodesy and cartography - says "Regulations on the licensing of cartographic activities"
2. Regulations on the licensing of cartographic activities. Approved by the Decree of the Government of the Russian Federation of May 28, 2002 No. 360 - determines the procedure for licensing cartographic activities carried out by legal entities and individual entrepreneurs.
Next, let us ask ourselves where to find a list of those types of work that fall under this activity.
3. The list of specific types of work that are part of the licensed cartographic activities
(from the list of works specified in Article 3 of the Federal Law “On Geodesy and Cartography”). Approved by order of the Federal Service for Geodesy and Cartography of Russia dated July 5, 2002 No. 95-pr - perhaps the most interesting document from a practical point of view. In paragraph 4 of this document is the "ambush", which can be used to dishonestly combat undesirable:
"four. Creation and maintenance of geographic information systems for federal, regional and special purposes.
4.1. Creation and maintenance of geographic information systems for federal and regional purposes.
4.2. Creation and maintenance of special purpose geographic information systems. ”
Already warmer. I feel that the work that you do may fall under the definition of GIS.
What is this "geographic information system"?
For the definition, we turn to the source, which is likely to be quoted for the definition - GOST 52438-2005 Geographical information systems. Terms and Definitions.
We quote:
" Geoinformation system : GIS: Information system operating with spatial data.
Information system : A system designed to store, process, search, distribute, transmit and present information.
Data : Information presented in a form suitable for processing by automatic means with the possible participation of a person.
Spatial data : data on spatial objects and their sets
So, is our system (restaurants on google maps) geo-information?
Yes, according to this definition is.
Information system? - Yes, we store, distribute and present information about restaurants.
Spatial data? - Certainly spatial, since each point of the restaurant is in the spatial coordinate system.
Thus, we have created a GIS, kindly go through the licensing process.
Replica from the audience. Yes, you went with your licensing!
Response replica from another room:
"" Part 2 of Art. 14.1 of the Administrative Code of the Russian Federation: "Doing business without special permission (license), if such permission (such license) is mandatory (mandatory), entails the imposition of an administrative fine on citizens in the amount of from twenty to twenty-five times the minimum wage labor with the confiscation of manufactured products, instruments of production and raw materials or without them; on officials - from forty to fifty minimum wages with the confiscation of manufactured products, instruments of production and raw materials or such, for legal entities - from four hundred to five hundred minimum wages with confiscation of manufactured products, means of production and raw materials or without it. ' "
So here, dear comrades, who is to blame, that the drawings in the atlas of contour maps and the location map on a site with a marked point of destination are also geographic information system, the law is the law?
Source: https://habr.com/ru/post/48856/
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