Response from Transport for London to the OS Business Strategy Consultation
We are generally dissappointed in the scope of this consultation and regret that it is not more wide ranging
TfL has major concerns with the issues of Derived Data which over-ride many of the items of this consultation
We do not think that OS has paid sufficient attention to its many Government customers and their Public Task
We regret the enormous cost in both time and resources that Government bodies have to spend on procurring OS data
Goal 1
Transport for London Response
Promote innovation for
economic benefit and social engagement
Supporting Government’s objectives to make data more accessible and to
OS appears to wish to promote innovation by launching such services in
encourage innovation by individuals and commercial companies, Ordnance
house, experience suggests that this is not the best way and that they
Survey will promote the innovative use of geographic information and its
should concentrate on making their data freely available and allow the
potential application.
market to innovate.
Ordnance Survey will provide support to all of its users in their use of
We question whether OS is prepared to listen to their users to determine
geographic information so that they in turn can support their customers and
what support is needed, and fear that it imagines that one size will fit all.
the wider public.
Many Govt bodies could contribute to this Goal if they were not inhibited by
Key components of this goal are:
the onerous and restrictive licence conditions imposed on their use of
derived data
An extended OS OpenSpace service
Provision of OS data on OpenSpace does not make it freely available.
Users require access to boundaries in all formats and applications. The
derived data issue is a continuing problem, even on the OpenSpace
This will provide additional data and usage rights to support the creation of
website gallery, demonstration users warn users not to create derived data
any new publicly accessible application. It will provide greater access to free
on the site. There seems to be considerable interest in the BoundaryLine
use of a number of Ordnance Survey products from 1:10,000 scale through
data from other respondents to this consultation. BoundaryLine has been
to 1:1 million scale. It will also include official boundaries information.
frequently quoted as the "definitive" boundary dataset for UK, why then are
the boundaries not coincident with the Boundaries shown on the OS
MasterMap product.
This service will benefit individual developers and organisations such as
commercial companies, local community groups, national special interest
In the OpenSpace FAQs it is stated that Govt bodies may use the API but
groups and smaller charities that will be able to develop applications as long
it doesn't seem to be encouraged, given the OS advice on the use Google
as there is no direct commercial gain from the specific application itself.
maps by OS licensees we would suggest that this should be a priority.
Advertising and sponsorship alongside the application will be encouraged.
There will be limits within the system to ensure that the new OS OpenSpace
Govt bodies interested in using the OpenSpace Service would need
service has a minimal impact on existing commercial users of the data but
greater assurance on the use of limits
these limits will be applied in a more collaborative way.
An upgrade path from innovation through to
commercial services
Through the creation of an innovation ladder Ordnance Survey will provide a
Can the OS appoint an independent body (AGI?) to create the "innovation
clear path for those that wish to progress their ideas from early-stage right
ladder" so that the disincentives that are built into the current usage of OS
through to commercial development. The existing developer programme will
data are not carried forward? Can the OS then use the lessons learnt to
be opened up to a wider developer community and financial entry barriers
overhaul their existing licensing terms and conditions?
will be significantly reduced.
Removing minimum royalty charges for partner
licenses
For organisations licensing data as value-added resellers – new or existing -
there will be NO minimum royalty for the first year and a minimum royalty of
The partnership licenses appear to be wholly geared towards the
only £1,000 per year thereafter. Where Ordnance Survey is providing a
commercial sector and seem to be completely inappropriate for the use by
national dataset of its most valuable data (OS MasterMap Topography
Govt bodies which is sometimes required. They certainly do not feel like
Layer) the minimum royalty of £1,000 will apply from year one in order to
partnership agreements as all the terms are in favour of the OS.
cover the additional costs of supplying that data.
Develop the Ordnance Survey Innovation Network
Can the OS look at the lessons that could be learnt from previous projects
such as CODES, the Collection of Data from External Sources? In this
Ordnance Survey wishes to create a friendly on-line community of
project external bodies were requested to provide OS with data that could
commercial and non-commercial developers, partners and resellers who can
be incorporated into OS products. Data was supplied free of charge, OS
share ideas about innovative uses of Ordnance Survey data and other data.
required assurances and warranties that the data was supplied free of any
The network will help individuals as well as small and large organisations to
external IPR etc, and that they were granted a non exclusive royalty free,
develop ideas, deliver projects and even commercialise their ideas, through
irrevocable, licence to copy, sell, adapt, distribute etc etc. OS then went on
making connections with other network members who can help them with the
to try to sell the data back to the organisations that supplied it. The whole
development of technology, services, products or seed financial funding.
experience did not seem very friendly and took a very long time to bear
any fruit.
Goal 2
Transport for London Response
Increase the use of Ordnance
Survey data
It is recognised that the framework under which Ordnance Survey prices and
TfL would be slightly reassured that this review by the Shareholder
licenses its data and services has become complex and unwieldy. Working
Executive and OPSI would lead to a desirable outcome if the OS included
with Shareholder Executive and OPSI, this is being comprehensively
its customers in this review
reviewed as part of the drive to improve focus on the customer.
The OS has frequently in the past used the "level Playing Field" argument
to inhibit any negotiation on their terms and conditions of contract. Clear,
The overall aim of the work is to make data more easily available and
concise and transparent terms and conditions would assist here.
encourage innovation and competition in the market.
Innovation has been stifled in the past by OS insisting that any use of there
data must fit into one of their existing contracts.
Under the new framework, Ordnance Survey will continue to license its data
both indirectly and directly to end customers. Partners will continue to have
Many users of OS data, and derived data wish to make their information
appropriate licences so that the price they pay reflects the market value of
available free of charge. If OS wish to licence their data so that the price
their end product. However, Ordnance Survey wishes to re-examine the
paid by the user reflects the market value of the end product, does that
boundary between the different licensing routes to check they best support
mean that the OS data will also be free of charge?
the current market and rationalise the suite of licences available to partners.
In particular, Ordnance Survey expects over time to offer many more
We can see no advantage in the OS competing with the private sector for
products to commercial partners so that they can distribute them to end
the distribution of mapping products, because on a level playing field they
customers in parallel to Ordnance Survey itself. It is also examining how to
will lose, and if it is not level everyone will cry foul. OS should concentrate
give greater flexibility over the rights customers have to use data internally in
on the collection of data and leave the distribution to the private sector. In
their own business and better facilitate the use of data within the public
the public sector there should be total freedom for Govt bodies to define
sector that contains shared public sector intellectual property.
and complete their public role.
Ordnance Survey is also reviewing all of its licence documents with the aim
The OS should appoint an independent body to review their licence
of making them shorter and easier to understand.
documents and pay them based on the number of words deleted.
The pricing structure that accompanies the new licensing framework will be
transparent and reflect the work that is being undertaken to reduce costs
across the organisation.
One of the major problems for users is the derived data issue which both
restricts what the user can do with the derived data but also requires that
the OS data and the derived data are deleted at the end of the licence
Ordnance Survey recognises that there is a desire for rapid change to the
term. One way to overcome this would be to make licences perpetual, so
current system. However, it wants to ensure that it takes decisions about its
that having "purchased" the OS data the user can keep it, and any derived
pricing and licensing model with a thorough understanding of the impact it
data for ever. OS needs to differentiate between a commercially derived
will have – on customers, Ordnance Survey and others in the market. For
product such as Geographers A-Z map and a Govt body's derived data
that reason, comments are very welcome here on how the licensing
which may consist of discrete points lines or polygons describing their area
framework should be reformed as part of the new strategy.
of interest. It must be recognised that the current rules on derived data
make OS map data legally unusable for many Govt bodies and they have
to resort to increasingly complex and costly methods to avoid creating an
OS derived data issue in completing their public task.
It is expected that work on a new pricing and licensing framework and the
plan for its rollout will be complete by October 2009. Ordnance Survey has
asked the Office of Public Sector Information, together with Shareholder
Executive, to be involved in the work from today to ensure that its thinking is
independently challenged.
Goal 3
Transport for London Response
Support the sharing of
information across the whole of the public sector
Accurate and high-quality geographic information is playing an increasingly
important role in the delivery of better public services and ensuring the
The Public Sector would be best served by open competition in the supply
Government is held to account by citizens. The public sector – at both a
of mapping data services, but all previous procurement have been skewed
national and a local level – is an important part of Ordnance Survey’s
by the near monopoly situation of OS. The Public Sector has to go through
customer base and it is committed to ensuring they receive data and
lengthy and costly procurement processes to access their data.
services that best meet their requirements.
In particular, it is recognised that public sector bodies need to be able to
The Public Sector also need to share data with the public, who ultimately
share data – including data with shared intellectual property (IP) – with each
pay for all this, and with the commercial sector, who will also pay if we can
other in support of the development of policy and its implementation at
get through the minefield of licensing.
national and local level.
The Pan-Government and One Scotland agreements for the provision of
geographic information to central Government in England and Wales and
central and local Government in Scotland came into force on 1st April 2009.
Ordnance Survey is delighted to be part of both of these agreements that will
better enable the delivery of public services.
By competing with commercial rivals to deliver GI products, OS can no
longer maintain its UK definitive role. For example in the Address field
there are now two competing products both effectively paid for by the
public purse and neither definitive, such that for the 2011 census additional
Ordnance Survey recognises that it will face increasing competition from
public funds will be spent harmonising and incorporating other data to
commercial rivals to deliver geographical information services to the public
produce a comprehensive address list, which is a plain waste of public
sector and others. Ordnance Survey welcomes this and aims to continually
money and resources. Surely a better strategy would be for one public
improve its offering to provide the best value-for-money for all its customers.
body, such as the OS, to collect GI data, using the commercial sector as
appropriate. The data should then be made freely available to the Public
Sector and marketed through commercial partners who create GI
products.
Following the success of bringing the public sector, including the NHS and
Emergency Services, into a single agreement in Scotland (One Scotland
The Ordnance Survey always insists that their agreements are
Agreement) Ordnance Survey is now in discussion with central and local
"commercial confidential to the parties", therefore other Govt bodies are
Government in England and Wales to determine how the new Ordnance
unable to compare the success or benefits of one form of agreement with
Survey business strategy might support a similar goal. This would provide a
another. Greater openness and transparency would assist here.
common platform for use in delivering core public services using geographic
information from Ordnance Survey and its competitors.
As part of this work, Ordnance Survey will also be discussing with Local
Authorities, Land Registry, Royal Mail and others how it can align its
methods of data capture and provision to ensure efficiency for the public
purse.
Goal 5
Transport for London Response
Enhance value through the
creation of an innovative
trading entity
The geographic information market is undergoing huge change as a result of
Data collection methods are changing rapidly and driving costs down, but
advances in technology. There is less and less distinction between viewing
we question whether they are driving standards up. OS maps of London
data on a computer, via the internet or on a mobile phone. Data collection
100 plus years ago show street furniture, drainage gullies, lamp post, the
methods are also changing radically, with technology driving costs down and
internal building layouts of public buildings, all features long gone from
users increasingly making their own contributions back to the original source
their latest offerings. While the overall accuracy may have improved, the
data.
quality provided is actually quite low and worse than previously claimed.
If it is to thrive in this market and continue to fulfil its core public duties,
Ordnance Survey must adapt to this, just as it did 30 years ago in the move
from paper to digitally-based information.
It is believed that there are greater opportunities for the Ordnance Survey
brand particularly in the consumer marketplace. To explore and grow these
opportunities in a transparent and timely manner, Ordnance Survey will
establish a wholly-owned subsidiary company. This subsidiary will further
Ordnance Survey’s ability to offer new and innovative services to
government, business and individual customers alike.
The new company will initially explore the development of an enhanced
brand presence through an extended consumer leisure portal. Research has
strongly suggested that a richer website operating under the Ordnance
Survey Company name and brand, will attract a far larger proportion of
leisure enthusiasts. It is envisaged that this company will explore the
opportunities afforded by the use of the Ordnance Survey brand for affiliate
merchandising.
As a large user of OS mapping in the public sector TfL suffers significant
restrictions on its use of OS data because it is not licensed to engage in
activities that are regarded as "competing activities" with OS's commercial
rivals. We are concerned as to how this will develop if OS is going to enter
The new subsidiary is part of the drive to ensure that Ordnance Survey is
the market with this new trading company. There are a series of complex
sustainable for the medium-term and value is generated for the taxpayer. It
competition issues which arise from monopolistic or dominant
will operate on the same terms in relation to Ordnance Survey data as any
undertakings seeking to enter a downstream market on a commercial
commercial rival.
basis. TfL is extremely concerned by this prospect and questions whether
effective arms' length arrangements will really be put in place. At a wider
level, we also question whether this is really the most effective strategy for
deriving overall public benefit.