If raw data is made available for non-commercial use, am I allowed to seek profit from the use of statistics I gather using the data?

Question

The CHP has a traffic database filled with raw data that is for "personal, non-commercial use". Here's the database: database

What I want to do is use this data to compile some statistics, the use of which I intend to profit from. Is this legal under the TOS & relevant law?

I'm somewhat skeptical that CHP has the right to restrict the data to non-commercial use, despite whatever terms they list, but that's a different question. — Ask About Monica, Jun 16 '16 at 18:08

score 2 · Answer 1 · answered Jun 15 '16 at 03:19

The relevant definitions of commercial are:

concerned with or engaged in commerce: "a commercial agreement"

making or intended to make a profit: "commercial products"

So non-commercial means neither of those things. If you intend to make a profit then you actions are commercial and a breach of the ToS and therefore against the law.

If raw data is made available for non-commercial use, am I allowed to seek profit from the use of statistics I gather using the data?

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