Open Data Licensing - presentation by Carlo Piana (and Simone Aliprandi); Trento, 19-Dec-2013

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FULL TITLE: Open Data Licensing (With Emphasis on the Italian Public Sector): Guidelines for Choosing and Applying the Most Suitable License
SUBTITLE: a presentation by Carlo Piana (and Simone Aliprandi) for "Open data in transition" (University of Trento - December 19, 2013)

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Open Data Licensing - presentation by Carlo Piana (and Simone Aliprandi); Trento, 19-Dec-2013

  1. 1. Open Data in Transition: Intellectual Property, Competition, and Regulatory Issues “Open Data Licensing (With Emphasis on the Italian Public Sector): Guidelines for Choosing and Applying the Most Suitable License” - by Carlo Piana, Simone Aliprandi - Trento, 19 December 2013
  2. 2. It all started with Freegis.net http://freegis.net 19 December 2013 2
  3. 3. 3
  4. 4. Our task Analyze the current policies of licensing Draft a license for freegis.net Provide a white paper on how public administrations ought to publish their datasets Because the want to Because they are required to (by law, policies) 19 December 2013 4
  5. 5. There was an issue, though! 19 December 2013 5
  6. 6. Proliferation 6
  7. 7. Proliferation is bad Why do you want to draft a new license? Because the existing ones are not good enough, and you think you are smarter? Because you want your own vanity license? Because the existing ones do not have the effect that you want to convey? Why you should not want to draft a new license is equally important. Proliferation ⇒ incompatibilities, confusion 19 December 2013 7
  8. 8. Reframing the task Our task was then to find the right license, if any, and then draft a new one, only if an existing one was deemed unfit. So we searched for a license It ought to: Be legally sound Bring the desired effect The two are interrelated 19 December 2013 8
  9. 9. What were the options? Italian or international Copyleft or no copyleft (AKA “Share Alike”) License or waiver [ not really: non commercial ] 19 December 2013 9
  10. 10. The options were 19 December 2013 10
  11. 11. Italian or international Pros Italian: Known legislation No language barriers No (?) cultural barriers Cons Italian: Market for data (including geo data) is international Could cause fragmentation and legal barriers to circulation Would lessen the value of release 19 December 2013 11
  12. 12. Some were ruled out 19 December 2013 12
  13. 13. Copyleft or non copyleft Copyleft is really powerful: If you want to use my data, you release your data under the same license (Share Alike) It relies on the concept of derivative: Your use of your data together with my data impinges on my rights (= you need my permission to do the combination) What is a derivative in datbase rights? 19 December 2013 13
  14. 14. Quite surely a derivative: A B C 19 December 2013 + D E F = A B C D E F 14
  15. 15. Maybe not a derivative: A B C Query Result: Relational database D E F 19 December 2013 A B C D E F 15
  16. 16. Quite surely not a derivative (reuse of information): A B C Relational database D E F 19 December 2013 Query Result: A, B; C, D; E, F; 16
  17. 17. Is it worth trying to copyleft datasets? Pros: expand commons Cons: Uncertainty of the effect How to enforce? Is proprietary exploitation to be allowed? 19 December 2013 17
  18. 18. Proprietary exploitation What it is Sell permissions to use datasets, databases containing our released data Proprietary ≠ commercial Direct exploitation of the data, in combination with more data or any recombination, query, analysis, representation, etc. of the same data Can the Public Administration discriminate against it? (no) 19 December 2013 18
  19. 19. Open by default, Transparency decree Open by Default A requirement to all PAs when releasing data If you don't choose a license, all exploitation is free for all purposes A strong hint of the aim “Decreto trasparenza” (Transparency decree): Some data must be released These data must be open to proprietary exploitation 19 December 2013 19
  20. 20. Copyleft was ruled out 19 December 2013 20
  21. 21. License or waiver: what do you have in a license? Request of attribution (by) Not really an issue. User would want to use Liability limitation Effective? Needs approval in writing under ITA law Entire set, no alterations (??) Jurisdiction What for? Also requires approval in writing … 19 December 2013 21
  22. 22. Rationale for avoiding a license Since the aim is the maximum compatibility, maximum use, conditions can hamper this The maximum compatibily, maximum spreading, is reached through a waiver A waiver creates an “artificial public domain” by waiving (removing) database rights from the released dataset before the expiration of rights 19 December 2013 22
  23. 23. Licenses were ruled out 19 December 2013 23
  24. 24. Our choice landed on CC0 http://creativecommons.org/publicdomain/zero/1.0/ For further information: http://aliprandi.blogspot.it/2013/06/freegis-D51-opendata-legal-framework.html 19 December 2013 24
  25. 25. Thank you for your attention! Carlo Piana http://arraylaw.eu http://piana.eu @carlopiana (Twitter, status.net, G+) Simone Aliprandi http://arraylaw.eu http://aliprandi.org Some rights reserved License: Creative Commons Attribution – Share Alike. 4.0 international Pictures in this presentation are in public domain 19 December 2013 25

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