Warranties and Indemnities …

In this post I compare the digital conservancy/repository terms of service for two universities: Minnesota and Sydney.

The University of Minnesota Digital Conservancy I have used for a few years. It is well run and the staff are helpful.

The University of Minnesota:

There is one last step: In order for The UDC to reproduce, translate and distribute your submission worldwide, you must agree to the following terms. If you have questions regarding this agreement, please contact the Digital Conservancy staff: udc@umn.edu

By depositing this Content (“Content”) in the University Digital Conservancy (“Digital Conservancy”), I agree that I am solely responsible for any consequences of uploading this Content to the Digital Conservancy and making it publicly available, and I represent and warrant that:

I am either the sole creator and the owner of the copyrights and all other rights in the Content; or, without obtaining another’s permission, I have the right to deposit the Content in an archive such as the Digital Conservancy.

To the extent that any portions of the Content are not my own creation, they are used with the copyright holder’s express permission or as permitted by law. Additionally, the Content does not infringe the copyrights or other intellectual property rights of another, nor does the Content violate any laws or another’s rights of privacy or publicity.

The Content contains no restricted, private, confidential, or otherwise protected data or information that should not be publicly shared.

I understand that the Digital Conservancy will do its best to provide perpetual access to my Content. In order to support these efforts, I grant the Regents of the University of Minnesota (“University”), through its Digital Conservancy, the following non-exclusive, perpetual, royalty-free, world-wide rights and licenses:

to access, reproduce, distribute and publicly display the Content, in whole or in part, in order to secure, preserve and make it publicly available, and

to make derivative works based upon the Content in order to migrate the Content to other media or formats, or to preserve its public access.

These terms do not transfer ownership of the copyright(s) in the Content. These terms only grant to the University the limited license outlined above.

In contrast the University of Sydney eScholarship Repository is far less friendly in terms of licenses.

Sydney eScholarship Distribution License

There is one last step: In order for Sydney eScholarship to reproduce, translate and distribute your submission worldwide, your agreement to the following terms is necessary. Please take a moment to read the terms of this license, and click on one of the buttons at the bottom of the page. By clicking on the “Grant License” button, you indicate that you grant the following terms of the license.

Not granting the license will not delete your submission. Your item will remain in your “My Sydney eScholarship” page. You can then either remove the submission from the system, or agree to the license later once any queries you might have are resolved.

By this License, the Contributor, for the benefit of the University,
grants the University following rights.

1.	Definitions
=====================================================================
Contributor means the author.contributor identified in the Sydney 
eScholarship Repository Metadata.

eScholarship Repository Metadata means the metadata encoded in the 
uploaded Works by the Contributor when accessing the Sydney 
eScholarship Repository.

University means The University of Sydney acting through Sydney 
eScholarship Repository, a body corporate under the University of 
Sydney Act 1989, ABN 15 211 513 464, of University of Sydney Library 
F03 University of Sydney, NSW 2006  Sydney  NSW  2006.

Work means the works listed [as Titles in the Sydney 
eScholarship Repository Metadata/in the Schedule to this License].

2.	Licence
=====================================================================
The Contributor grants the University the non-exclusive perpetual 
license to reproduce and communicate the Work to the public via the 
Sydney eScholarship Repository and, without changing the content, to 
translate the Work to any medium or format for the purposes of 
preservation, research and study provided such use is not for a 
commercial purpose,  The Contributor also agrees that the University 
may keep more than one copy of the Work for the purposes of security, 
backup and preservation.

3.	Attribution
=====================================================================
The eScholarship Repository will clearly identify the Contributor as 
the author of the Work.

4.	Acknowledgements
=====================================================================
The Contributor acknowledges that:
(a)	they will not receive any payment from the University for the
 grant of rights under this License;
(b)	the Work is subject to the approval of the University and may
 not be accepted to the eScholarship Repository;
(c)	the University may remove the Work from the eScholarship 
Repository at any time at its absolute discretion; and
(d)	they have no termination rights under this License.

5.	Standard of work
=====================================================================
In order for Work to be accepted to and remain on the eScholarship 
Repository, the Contributor acknowledges that:
(a)	the Work is academic and postgraduate (unless Work is an 
Honours Thesis or is otherwise approved by the University in writing)
; and
(b)	text material submitted is final draft or published version, 
and non-text material submitted is in its final form.

6.	Warranties
=====================================================================
The Contributor warrants that:
(a)	the Work is their original work;
(b)	they have obtained consents in writing from all previous
publishers of the Work to enter into this License;
(c)	they have obtained consents in writing from third parties
which have any materials reproduced in the Work to publish the Work;
(d)	they can grant the rights under this License and the
University's exercise of those rights will not infringe the
copyright or other intellectual property rights of third parties;
(e)	to the best of their knowledge, the Work is accurate as at
the date in which the final version of the Work is submitted to the
University and as far as reasonably possible they have sought to
verify all statements in the Work which purport to be true and
accurate;
(f)	to the best of their knowledge, the Work does not contain any
 scandalous, defamatory, or obscene material or any material which is
  actionable for interference with privacy, infringement of copyright,
  breach of confidence, passing off or contravention of any other
  private right; and
(g)	they have not engaged in any practices in preparing the Work
that would amount to plagiarism or any other form of academic
dishonesty or research misconduct under University policies and rules
 or which would (or would be likely to) bring the Contributor or the
 University into disrepute, and that they have complied with the
 University's policies, procedures and rules.
(h)	where the work is a thesis, it is a direct equivalent of the
final officially approved version that was submitted, and no
emendation of content has occurred other than minor variations in
formatting, that are the result of the conversion to digital format.

7.	Breach of warranty
=====================================================================
The Contributor agrees to:
(a)	notify the University as soon as they become aware of any 
circumstances relating to the breach or potential breach of a 
warranty in clause 6;
(b)	allow the eScholarship Repository Coordinator to take any 
action to manage the University's exposure to such liability;
(c)	provide the University with all reasonable assistance in 
relation to the conduct or defence of any legal proceedings which may
 be commenced by or against the University in relation to the breach 
 of a warranty in clause 6; and
(d)	indemnify the University against any actions, costs or 
expenses arising out of the breach of a warranty in clause 6.

8.	Jurisdiction
=====================================================================
The Contributor agrees that this License is governed by the law of 
New South Wales, submits to the non-exclusive jurisdiction of the 
courts in New South Wales and waives any right they have to object to
 an action being brought in those courts (including by claiming that 
 the action has been brought in an inconvenient forum or that those 
 courts do not have jurisdiction).
Note especially Clause 7.
“(d) indemnify the University against any actions, costs or expenses arising out of the breach of a warranty in clause 6.”
Why exactly would I agree to this? I assume it only applies if they lose (i.e. if a court rules a warranty has been breached), but even so, who really knows. As a general rule a university should be indemnifying its academic staff, not vice versa.
The University of Sydney libraries seem to have a much smaller repository.

Montgomery County, Maryland Planning Documents

I worked at the Montgomery County, Maryland Planning Department, and over the years, accumulated a number of reports, which were properly public domain, but not available online in any form that I could find. I had them scanned and OCRed and then uploaded them to archive.org, which is a great institution.

While old planning documents may not stir the heart of everyone, this is good collection from an important agency that once did cutting edge work. It is also far from complete.  So have at it:

  1. Comprehensive Growth Policy Study (1989) (4 Volumes)
  2. General Plan Refinement Goals and Objectives (1992) (3 reports)
  3. Transitway HOV Network Master Plan (5 reports) (1995)
  4. Environmental Guidelines (1993)
  5. 1994 Census Update (1995)
  6. Glenmont Sector Plan Issues Report (1994)
  7. WMATA Development Related Ridership Study II (1989)
  8. Annual Growth Policy 1973-2000 (75 reports)
    1. Collection of Annual Growth Policy and Related Reports from Montgomery County Planning Department – Maryland National Capital Parks and Planning Commission, Montgomery County Executive, and Montgomery County Council (1973 – 2000).
      1973_URBAN GROWTH POLICY POPULATION, HOUSING, AND EMPLOYMENT ISSUES.pdf
      1974_COUNTY GROWTH POLICY, DIRECTIONS FOR GROWTH POLICY.pdf
      1974_COUNTY GROWTH POLICY.pdf
      1974_Final report of the Advisory Committee on County Growth Policy MONTGOMERY COUNTY PLANNING BOARD.pdf
      1975_ANNUAL GROWTH POLICY APPENDIX, FISCAL IMPACT ANALYSIS.pdf
      1975_ANNUAL GROWTH POLICY, FISCAL IMPACT ANALYSIS-SEQUEL NO. 1 ENVIRONMENT  TRANSPORTATION.pdf
      1975_ANNUAL GROWTH POLICY, FISCAL IMPACT ANALYSIS.pdf
      1976_ANNUAL GROWTH POLICY, FORECAST PEOPLE JOBS  HOUSING.pdf
      1977_ANNUAL GROWTH POLICY, CARRYING CAPACITY  ADEQUATE PUBLIC FACILITIES.pdf
      1978_GROWTH POLICY REPORT, STAGING-TRANSPORTATION.pdf
      1979_ANNUAL GROWTH POLICY, PLANNING, STAGING  REGULATING.pdf
      1979_TECHNICAL SUPPLEMENT TO THE FIFTH GROWTH POLICY REPORT.pdf
      1980_ANNUAL GROWTH POLICY, LAND SUPPLY  DEMAND.pdf
      1980_COMPREHENSIVE STAGING PLAN.pdf
      1981_REPORT ON COMPREHENSIVE PLANNING POLICIES.pdf
      1982_ADEQUATE PUBLIC FACILITIES ORDINANCE.pdf
      1982_REPORT ON COMPREHENSIVE PLANNING POLICIES.pdf
      1983_REPORT ON COMPREHENSIVE PLANNING POLICIES.pdf
      1984_REPORT ON COMPREHENSIVE PLANNING POLICIES, STAFF DRAFT.pdf
      1986_SHORT TERM TRAFFIC ALLEVIATION POLICY.pdf
      1988_ANNUAL GROWTH POLICY, COUNTY EXECUTIVE RECOMMENDED.pdf
      1988_ANNUAL GROWTH POLICY, MONTGOMERY COUNTY PLANNING BOARD.pdf
      1988_GENERAL PLAN ASSESSMENT STUDY.pdf
      1988_THE REPORT OF THE COMMISSION ON THE FUTURE OF MONTGOMERY COUNTY, MARYLAND.pdf
      1989_ALTERNATIVE TRANSPORTATION SCENARIOS AND STAGING CEILINGS-A.pdf
      1989_ANNUAL GROWTH POLICY, COUNTY EXECUTIVE RECOMMENDED.pdf
      1989_STATUS OF COUNCIL WORKSESSIONS ON FY 90 AGP.pdf
      1990_ANNUAL GROWTH POLICY, ADOPTED BY MONTGOMERY COUNTY COUNCIL.pdf
      1990_ANNUAL GROWTH POLICY, COUNTY EXECUTIVES RECOMMENDED.pdf
      1990_ANNUAL GROWTH POLICY, MONTGOMERY COUNTY PLANNING BOARD.pdf
      1990_POLICY AREA RESTRUCTURING.pdf
      1990_RECOMMENDATIONS ON 91-96CIP FROM MNCPPC.pdf
      1990_REPORT OF THE GROWTH ASSESSMENT TASK FORCE.pdf
      1991_ACTION AGENDA.pdf
      1991_ADEQUATE PUBLIC FACILITIES STUDY.pdf
      1991_ANNUAL GROWTH POLICY, COUNTY EXECUTIVES RECOMMENDED.pdf
      1991_ANNUAL GROWTH POLICY, MONTGOMERY COUNTY COUNCIL.pdf
      1991_ANNUAL GROWTH POLICY, STAFF DRAFT.pdf
      1991_ANNUAL GROWTH REPORT, FINAL DRAFT.pdf
      1992_ANNUAL GROWTH POLICY, COUNTY EXECUTIVES RECOMMENDED.pdf
      1992_ANNUAL GROWTH POLICY, FINAL DRAFT.pdf
      1992_ANNUAL GROWTH POLICY, MONTGOMERY COUNTY COUNCIL.pdf
      1992_ANNUAL GROWTH POLICY, STAFF DRAFT.pdf
      1992_GERMANTOWN TOWN CENTER TRANSPORTATION STAGING ANALYSIS.pdf
      1992_OPP RECOMMENDED ANNUAL GROWTH POLICY.pdf
      1992_POLICY LEVEL REPORT.pdf
      1993_ANNUAL GROWTH POLICY, FINAL DRAFT.pdf
      1993_ANNUAL GROWTH POLICY, INCLUDES GUIDELINES FOR ADMINISTRATION OF THE ADEQUATE PUBLIC FACILITIES ORDINANCE.pdf
      1993_ANNUAL GROWTH POLICY, STAFF DRAFT.pdf
      1993_NORTH BETHESDA-GARRETT PARK MASTER PLAN, STAGING AMENDMENT TO 1992 MASTER PLAN.pdf
      1994_ANNUAL GROWTH POLICY AMMENDMENT, FINAL DRAFT.pdf
      1994_ANNUAL GROWTH POLICY, FINAL DRAFT.pdf
      1994_ANNUAL GROWTH POLICY, GROWTH CAPACITY CEILINGS FY94.pdf
      1994_ANNUAL GROWTH POLICY, STAFF DRAFT.pdf
      1994_RESOLUTION TO ADOPT STAGING AMENDMENT TO NORTH BETHESDA-GARRETT PARK MASTER PLAN.pdf
      1994-1995_ANNUAL GROWTH POLICY, THE COUNTY EXECUTIVES RECOMMENDATIONS.pdf
      1995 ANNUAL GROWTH POLICY.pdf
      1995_ANNUAL GROWTH POLICY, FINAL DRAFT.pdf
      1995_ANNUAL GROWTH POLICY, STAFF DRAFT.pdf
      1995_ANNUAL GROWTH POLICY.pdf
      1995-1997_ANNUAL GROWTH POLICY_STAFF DRAFT.pdf
      1996_ANNUAL GROWTH POLICY, FINAL DRAFT.pdf
      1997-1999_ANNUAL GROWTH POLICY, STAFF DRAFT.pdf
      1998_ANNUAL GROWTH POLICY, AMMENDED BY THE COUNTY COUNCIL.pdf
      1998_ANNUAL GROWTH POLICY, CEILING ELEMENT.pdf
      1999_ANNUAL GROWTH POLICY, STAFF DRAFT.pdf
      1999_TRANSPORTATION POLICY REPORT, STAFF DRAFT.pdf
      1999_TRANSPORTATION POLICY REPORT.pdf
      1999-2001_ANNUAL GROWTH POLICY, FINAL DRAFT.pdf
      2000_ANNUAL GROWTH POLICY, GUIDELINES FOR THE ADMINISTRATION OF ADEQUATE PUBLIC FACILITIES.pdf
      APF LEGAL CHALLENGE, SCHNEIDER V. MNCPPC AND KETTLER V. MNCPPC.pdf

Open Traffic

Open Traffic is a new initiative to make GPS traffic data open and available to the public and others, by linking it with OpenStreetMap. It is organized by Conveyal, MapBox, and MapZen with support from the World Bank. The Code is of course open source as well.

OpenTraffic is a free, global traffic speed data set linked to OpenStreetMap built with open source software.

Traffic speed data is a critical input to many transportation related applications. Fortunately many users who need speed data also produce the inputs necessary to create annonmyized traffic statistics.

OpenTraffic provides the space and tools to share traffic statistics from connected vehicles and mobile services. We support the development of analysis and routing tools that enable cities, businesses, and individuals to make use of this data.

How it Works

OpenTraffic connects anyone with real-time or archived GPS location data to processing technology, data storage, and routing and analysis applications.

Location data privacy is paramount. We allow contributors to share anonymized traffic speed statistcs from derived GPS data without disclosing individuals’ location information. In return, data contributors help build a global traffic speed data set that can be used in routing and analysis applications.

The OpenTraffic platform is comprised of several components to make it easy to share and use traffic data:

GPS Probes

GPS probe data can be generated from a variety of sources, including mobile applications or fixed GPS hardware. GPS data can be processed in real-time or archived and transmitted for batch analysis. The OpenTraffic platform has a variety of open source tools to help you load your GPS data from existing sources or connect to Amazon AWS Kinesis streams to manage real-time flows of any size.

Traffic Engine

GPS data is linked to the OpenStreetMap network via Traffic Engine. Data is converted from GPS locations to roadway speed observations and anonymized before being aggregated. As open source software, you control where Traffic Engine is deployed, allowing full control over GPS trace data. Simply install Traffic Engine and load your GPS data to start generating traffic data.

Data Pool

Once anonymized, traffic statistics are added to the global OpenTraffic data pool. By pooling data many different data sources are merged together to provide a seamless global data set, free for use by any application.

Get Involved

We are working with vehicle fleet operators, app developers, and governments to develop and operate the OpenTraffic platform. Learn how you can contribute and benefit: Contact Us

Open Source Trip Generation

We have long known in the transportation planning community that the use of trip generation for local area review, and ITE’s procedure for estimating trip generation is broken in any number of ways. Shoup’s Truth in Transportation Planning is a classic critique of the problems.

While we could (and perhaps should) throw the whole kit and caboodle into recycling, in practice trip generation methods will be with us decades from now (even as traditional work, shopping and driving disappear). So there is a small academic movement to make the methods better. The most recent issue of JTLU 8(1) has a special section on Trip Generation, including several papers about how to adjust and improve ITE’s Trip Generation methods based on better data.

Part of the problem is that ITE is functionally a for-profit organization, and makes bank on selling the Trip Generation Manual and associated software (recognizing the fact that use of ITE Trip Generation rates is ensconced in law and regulation).

What has long been needed is an open source database of trip generation studies so that better fits to actual site conditions can be used in analysis. I recall in my youth some engineers in Montgomery County, Maryland trying to set something up, but this was well before the world wide web made that easy.

Fortunately that day is upon us. Mike Spack and company have set up TripGeneration.org, which is populated with open access trip generation studies (licensed under a Creative Commons license), and for which they hope to grow the data set. This is new, and I assume as it grows the data will get better and better, as will the methods for inputting and extracting data. Kudos to Mike, Nate, and others at Spack Consulting for getting this going. I look forward to seeing where this goes, as Big Data and new sensors make data collection increasingly ubiquitous.

Journal of Transport and Land Use.

We are pleased to announce the Journal of Transport and Land Use.
What, you ask? Another journal amidst an already overcrowded field?
Yes, we respond enthusiastically! Several journals touch on the interaction of transport and land use; however, they do so peripherally. This new venue puts both transport and land use front and center. We seek to be the leading outlet for research at the interdisciplinary intersection of these two domains, including work from the domains of engineering, planning, modeling, behavior, economics, geography, regional science, sociology, architecture and design, network science, and complex systems.
The Journal of Transport and Land Use (JTLU) will be peer-reviewed, web-based, open-content, subscription-free, and free to contribute. All of this is enabled by support from the Center for Transportation Studies at the University of Minnesota, where the journal will be housed. The advantages of this new journal and new process are several:
1. With a rigorous peer-review process, only quality papers that meet scientific standards will be published within the journal.
2. By being web-based (and web-only), we reduce costs significantly compared with paper journals. Web-based publication allows a much faster turnaround time than paper publication. Our goal is six weeks between submission and first reviews returned to the author. Being web-based also allows the inclusion of full color graphics and multi-media content, and the inclusion of datasets with the publication.
3. By being open-content, papers published in JTLU can be freely distributed (with attribution), increasing the value of papers published in the journal, and increasing their likelihood of being used in course readers and being read by the public.
4. By being subscription-free, we overcome a fundamental problem of today’s expensive journals published by for-profit publishers, which many libraries can no longer subscribe to.
5. By being free-to-contribute, we overcome the burden of the open-content journals that charge the authors to publish their paper.
We are now soliciting papers covering topics at the intersection of transport and land use. Details about the journal, its editorial process, and paper submission can be found at the journal’s website http://www.jtlu.org .
If you are interested in organizing a special issue, please contact one of the editors.
There will be a meeting at the World Conference on Transport Research in Berkeley to discuss the journal, contact the editors for details.
We look forward to any comments, questions, or suggestions you may have.
Sincerely,
David Levinson and Kevin Krizek
David Levinson
Richard P. Braun/CTS Chair in Transportation Engineering
Director Networks, Economics, and Urban Systems (Nexus) Research Group
University of Minnesota (612) 625-6354
dlevinson@umn.edu
http://nexus.umn.edu
Kevin J. Krizek
Associate Professor, Urban Planning & Civil Engineering
University of Minnesota (612) 625 – 7318
http://www.kevinjkrizek.org