[Irail] Fwd: [Fwd: FW: iRail.be case]

Yeri Tiete yeri at tiete.be
Thu Aug 5 10:09:52 UTC 2010


FYI

--
Kind regards,
Yeri Tiete
Sent from my iPhone

Begin forwarded message:

> From: "Helen Darbishire" <helen at access-info.org>
> Date: 5 Aug 2010 11:01:28 GMT+02:00
> To: "'Yeri Tiete'" <yeri at tiete.be>
> Subject: RE: [Fwd: FW: iRail.be case]
> 

> Hi Yeri 
> 
> Thanks so much for your fast response! 
> 
> I have incorporated the changes into the report. 
> 
> The report, "Beyond Access" is about open government data and the right of access to information. We are very concerned about the right to reuse information obtained from public bodies. It's being written by Access Info Europe and the Open Knowledge Foundation, supported by the Open Society Institute. 
> 
> The report is almost finished. It will then be on line for about 6 weeks for consultation and feedback, after which we will be publishing it. It will contain a series of recommendations about how both the access to information and open government data communities can better support people like yourself. 
> 
> FYI, Your case was referred to me by Katleen Janssen of Leuven University. 
> 
> I contacted you on Skype - let me know when you are on line and we can say Hi. 
> 
> All the best, Helen 
> 
> _________________________
> Helen Darbishire, Executive Director
> Access Info Europe, www.access-info.org 
> mobile tel: + 34 667 685 319
> e-mail: helen at access-info.org
> Skype: helen_darbishire
> STAY INFORMED! Subsribe now: http://access-info.org/en/suscribe  
> Twitter.com/Access_Info
> 
> -----Original Message-----
> From: Yeri Tiete [mailto:yeri at tiete.be] 
> Sent: 05 August 2010 10:03
> To: helen at access-info.org
> Subject: [Fwd: FW: iRail.be case]
> 
> Dear Helen,
> 
> You can contact me, Yeri Tiete, per email: yeri at tiete.be or Skype: Tuinslak.
> 
> I'm currently at work, and replying to this email using a plain text webmail. I've made minor changes in your text below.
> 
> iRail code is now open source (http://yeri.be/git), and there is a mailing list set up (mainly for developers though) on http://list.irail.be.
> 
> All new posts related to iRail will also be posted on my blog (http://yeri.be or http://blog.irail.be (=> only shows iRail posts)).
> 
> My minor changes:
> 
> Case Study: Yeri Tiete and Belgian Railway Timetables
> 
> In 2008 Belgian IT student Yeri Tiete, who also goes by the nickname “Tuinslak”, developed a mobile website (iRail.be) for accessing the timetables of Belgian railways on the iPhone. In doing so he filled a gap as no such application existed at the time. He took the data from the websites of the Belgian railway company SNCB/NMBS. According to statements on his blog, Tiete says that he “never got paid (or earned any kind of
> money) for this website. ... iRail was only created due to a lack of alternatives ... as a hobby and for personal experience.” [1]
> 
> In October 2008 Tiete had written to SNCB/NMBS informing them of his plans. The first reply he received was on 8 June 2010, almost 2 years later. The letter states in no uncertain terms that “Your website makes reuse of SNCB data. This violates its intellectual property rights, including copyright and database rights. It also makes you guilty of the criminal offense of counterfeiting. ... Any violation of the above [copyright notice] leads to prosecution, civil or criminal, without prejudice to the right to compensation for the SNCB. You are hereby formally in default for such violations and we urge you to cease forthwith. Failing this, SNCB will initiate without further notice appropriate legal action.”[2]
> 
> A mid-June plea on Tiete’s blog urges “Please don’t force me to kill this website.” The online community mobilised and legal support was provided from a law firm specialising in technology issues. On 6 July 2010 Tiete announced that he had put iRail.be back on line and that his lawyers had sent a letter to SNCB/NMBS asserting their right to use the data.[3]
> 
> The legal basis for defending the use of the SNCB/NMBS data includes arguments derived from the jurisprudence of the European Court of Justice in a series of linked cases decided in 2004.[4] The Court ruled that when information in databases is generated as part of the regular activities of a company, then that data is not protected by database rights because the creation of the information has not required “substantial investment” in the terms meant by EU Directive 96/9/EC on the Legal Protection of Databases, and hence may be used by third parties without them needing to seek permission.
> 
> 
> 
> 
> Besides that it's a perfect post.
> 
> Please inform me when it's online, and feel free to @reply me on Twitter (http://yeri.be/twitter).
> 
> Should you require any additional information or help, please let me know.
> 
> Kind regards,
> Yeri Tiete
> 
> 
> --------------------------------------------------------------------------------
> 
> 
> 
> --------------------------------------------------------------------------------
> 
> [1] See the Tunislak blog at http://blog.tuinslak.org/2010/05/irail-2/
> 
> [2] Text of the letter from Belgian railways, to be found in Dutch at http://blog.tuinslak.org/2010/06/stopping-irail-be/, translated with help of Google translate.
> 
> [3] See Tunislak blog, http://blog.tuinslak.org/, posting of 6 July 2010
> 
> [4] Judgments of the Court in Cases C-46/02, C-203/02, C-338/02 and C-444/02
> 
> (9 November 2004). A good overview of the cases can be found at http://portal.unesco.org/culture/en/files/25220/11514870521ecj_databases.pdf/ecj_databases.pdf
> 
> 
> ---------------------------- Original Message ----------------------------
> Subject: FW: iRail.be case
> From:    "Ywein Van den Brande" <ywein.vandenbrande at dbkv.eu>
> Date:    Thu, August 5, 2010 09:39
> To:      "Yeri Tiete" <yeri at tiete.be>
> --------------------------------------------------------------------------
> 
> Dag Yeri,
> 
> 
> 
> Ik krijg de e-mail hieronder aan en zend hem je door.
> 
> 
> 
> Beste groeten,
> 
> 
> 
> Ywein
> 
> 
> 
> 
> 
> Ywein Van den Brande
> Advocaat - Avocat - Attorney
> 
> 
> 
> _____________________________________
> 
> De Bandt Keustermans & Van den Brande CVBA Advocaten | Avocats | Attorneys | Rechtsanw䬴e
> 
> 
> Tel.  +32 2 737 91 79
> 
> Fax. +32 2 742 91 79
> 
> www.dbkv.eu <http://www.dbkv.eu/>
> 
> This message is intended for the exclusive use of the individual or entity that is the named addressee and may contain information that is privileged or confidential.
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> From: Helen Darbishire [mailto:helen at access-info.org]
> Sent: woensdag 4 augustus 2010 21:59
> To: Ywein Van den Brande
> Cc: 'Jonathan Gray'
> Subject: iRail.be case
> 
> 
> 
> Dear Ywein
> 
> 
> 
> Hello! I am Helen Darbishire, director of the NGO Access Info Europe, headquartered in Madrid.
> 
> 
> 
> I am currently writing a report on open government data and came across the iRail.be case.
> 
> 
> 
> I have written a summary of the case which you can find below. I wonder if you - or Yeri Tiete whose e-mail I couldn't find - could check that this is accurate.
> 
> 
> 
> I also would be very keen to be informed about any further developments in this case.
> 
> 
> 
> Please feel free to contact me by Skype if you would like to discuss further.
> 
> 
> 
> All the best
> 
> 
> 
> Helen
> 
> 
> 
> _________________________
> 
> Helen Darbishire, Executive Director
> 
> Access Info Europe, www.access-info.org
> 
> mobile tel: + 34 667 685 319
> 
> e-mail: helen at access-info.org <mailto:helen at access-info.org>
> 
> Skype: helen_darbishire
> 
> STAY INFORMED! Subsribe now: http://access-info.org/en/suscribe
> 
> Twitter.com/Access_Info
> 
> 
> 
> 
> 
> Case Study: Garden Snail and Belgian Railway Timetables
> 
> In 2008 Belgian student Yeri Tiete, who also goes by the name "Garden Snail", developed a mobile application for accessing the timetables of Belgian railways. In doing so he filled a gap as no such application existed at the time. He took the data from the websites of the Belgian railway company SNCB/NMBS. According to statements on his blog, Tiete says that he "never got paid (or earned any kind of money) for this website.
> ... iRail was only created due to a lack of alternatives ... as a hobby and for personal experience." [1]
> 
> In October 2008 Tiete had written to SNCB/NMBS informing them of his plans. The first reply he received was on 8 June 2010. The letter states in no uncertain terms that "Your website makes reuse of SNCB data. This violates its intellectual property rights, including copyright and database right her. It also makes you guilty of the criminal offense of counterfeiting. ... Any violation of the above [copyright notice] leads to prosecution, civil or criminal, without prejudice to the right to compensation for the SNCB. You are hereby formally in default for such violations and we urge you to cease forthwith. Failing this, SNCB will initiate without further notice appropriate legal action."[2]
> 
> A mid-June plea on Tiete's blog urges "Please don't force me to kill this website." The online community mobilised and legal support was provided from a law firm specialising in technology issues. On 6 July 2010 Tiete announced that he had put iRail.be back on line and that his lawyers had sent a letter to SNCB/NMBS asserting their right to use the data.[3]
> 
> The legal basis for defending the use of the SNCB/NMBS data includes arguments derived from the jurisprudence of the European Court of Justice in a series of linked cases decided in 2004.[4] The Court ruled that when information in databases is generated as part of the regular activities of a company, then that data is not protected by database rights because the creation of the information has not required "substantial investment" in the terms meant by EU Directive 96/9/EC on the Legal Protection of Databases, and hence may be used by third parties without them needing to seek permission.
> 
> 
> 
> 
> 
> 
> ________________________________
> 
> 
> ________________________________
> 
> [1] See the Tunislak blog at http://blog.tuinslak.org/2010/05/irail-2/
> 
> [2] Text of the letter from Belgian railways, to be found in Dutch at http://blog.tuinslak.org/2010/06/stopping-irail-be/
> <http://blog.tuinslak.org/2010/06/stopping-irail-be/> , translated with help of Google translate.
> 
> [3] See Tunislak blog, http://blog.tuinslak.org/, posting of 6 July 2010
> 
> [4] Judgments of the Court in Cases C-46/02, C-203/02, C-338/02 and C-444/02
> 
> (9 November 2004). A good overview of the cases can be found at http://portal.unesco.org/culture/en/files/25220/11514870521ecj_databases.pdf/ecj_databases.pdf
> <http://portal.unesco.org/culture/en/files/25220/11514870521ecj_databases.pdf/ecj_databases.pdf>
> 
> 
> 
> --
> Kind regards,
> Yeri Tiete.
> Rootspirit.com
> 
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