Morando legal interoperability-national-worries

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LAPSI clinic at the OGDC 2011

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Morando legal interoperability-national-worries

  1. 1. license interoperability – insights from national perspective(s) federico.morando@gmail.comslides available under a CC0 license/waiver http://creativecommons.org/publicdomain/zero/1.0/
  2. 2. legal interoperability in 1 slide● Public Domain (CC0) → actual interoperability● CC BY → reasonable attribution → reasonable interoperability
  3. 3. legal interoperability in 1 slide● Public Domain (CC0) → actual interoperability● CC BY → reasonable attribution → reasonable interoperability● Share-Alike licenses
  4. 4. legal interoperability in 1 slide● Public Domain (CC0) → actual interoperability● CC BY → reasonable attribution → reasonable interoperability● Share-Alike licenses problems uncertainty
  5. 5. legal interoperability in 1 slide● Public Domain (CC0) → actual interoperability● CC BY → reasonable attribution → reasonable interoperability● Share-Alike licenses problems uncertainty lawyers
  6. 6. legal interoperability in 1 slide● Public Domain (CC0) → actual interoperability● CC BY → reasonable attribution → reasonable interoperability● Share-Alike licenses problems uncertainty ;-) lawyers
  7. 7. Memento● Always remind (to your Government) some basic things ● Non-Commercial→ data are difficult/impossible to re-use in the context of most business models
  8. 8. Memento● Always remind (to your Government) some basic things ● Non-Commercial→ data are difficult/impossible to re-use in the context of most business models ● NC ALSO → data are impossible to re-use for communities using open licenses – impossible to re-use for Wikipedia, OpenStreetMap, DBpedia, etc.
  9. 9. Memento● Always remind (to your Government) some basic things ● Non-Commercial→ data are difficult/impossible to re-use in the context of most business models ● NC ALSO → data are impossible to re-use for communities using open licenses – impossible to re-use for Wikipedia, OpenStreetMap, DBpedia, etc.● since Wikipedia (rectius, Wikimedia) is a non-profit ● 99.9% of gov. officers never thought about the fact that Non-Commercial → NO WIKIPEDIA – tell them that this is the case – de facto, NC licenses are only compatible with other NC licenses
  10. 10. National licenses & std worries● Italian Open Data License (IODL): ● take all reasonable steps so that the uses permitted above do not mislead others and the information is not distorted● similar to UK OGL: ● ensure that you do not use the Information in a way that suggests any official status... ensure that you do not mislead others or misrepresent the Information or its source... ensure that your use of the Information does not breach the Data Protection Act...● "all reasonable steps" (and maybe the things that one should "ensure" under the OGL) could include some (downstream) licensing choices ● worries → limitations to licensing choices → interoperability issues
  11. 11. back to uncertainty● OGL FAQs ● information can be mixed and re-purposed easily with other licence models requiring attribution in that the terms of the Open Government Licence should not present any barriers
  12. 12. back to uncertainty● OGL FAQs ● information can be mixed and re-purposed easily with other licence models requiring attribution in that the terms of the Open Government Licence should not present any barriers● SHOULD NOT? do they mean DO NOT? ● lets hope so, since you know... – uncertainty → lawyers → troubles ;-))
  13. 13. hope● luckily, its at least clear that limiting interoperability is not the goal of the governments● e.g. ref. to CC BY and ODC BY in UK licens. framework
  14. 14. hope● luckily, its at least clear that limiting interoperability is not the goal of the governments● e.g. ref. to CC BY and ODC BY in UK licens. framework● e.g. the IODL even includes a broad compatibility clause ● Derivative work: any translation, adaptation, other transformation or any change of the information or of a substantial part of the database ● you can create a derivative work and publish and share any derivative work under the same license or a compatible license ● Compatible licenses (to date): – CC BY-SA Unported >= 3.0 – CC BY-SA Italy >= 2.5 – ODC ODbL >= 1.0
  15. 15. give to © what is ©s● © licenses do not cover non-© aspects ● e.g. privacy, trademarks ● sometimes, thats paradoxical, but...
  16. 16. give to © what is ©s● © licenses do not cover non-© aspects ● e.g. privacy, trademarks ● sometimes, thats paradoxical, but...➔ Governments may ensure (©)interoperability if they address non-© worries with other tools ● notices satisfying any taste ✔ privacy notices – various disclaimers ● “dont violate the law” ● “be kind”
  17. 17. give to © what is ©s● © licenses do not cover non-© aspects ● e.g. privacy, trademarks ● sometimes, thats paradoxical, but...➔ Governments may ensure (©)interoperability if they address non-© worries with other tools ● notices satisfying any taste ✔ privacy notices – various disclaimers ● “dont violate the law” ● “be kind” ↔ soft law could substitute most stupid license clauses
  18. 18. (for the records)● national sector specific laws – e.g. cultural heritage law ● potentially severe impact on licensing choices – e.g. Non-Commercial or No-Derivatives licenses ● and interoperability consequences
  19. 19. Conclusion● dont use ©-license to address privacy and similar worries● if you advise Gov. (or work within the Gov.) ● dont produce a custom license ● produce a custom licensing framework – using standard © license ● e.g. New Zealand Government Open Access and Licensing (NZGOAL) framework

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