[od-discuss] Please review: DRAFT Terms of Use for the german federal data portal

Mon Oct 1 20:04:49 UTC 2012

On Sun, Sep 30, 2012 at 1:18 PM, Daniel Dietrich
<daniel.dietrich at okfn.org> wrote:
> On 20 Sep 2012, at 20:23, Mike Linksvayer wrote:
>> On Thu, Sep 20, 2012 at 2:08 AM, Daniel Dietrich
>> <daniel.dietrich at okfn.org> wrote:
>>> Dear all,
>>>
>>> attached is the DRAFT German License that will be promoted as standard license for the documents and data in the upcoming German OGD portal.
>>>
>>> We have managed get a translation done by fried with native en/de but might not be perfect. I have pushed it into a google doc for your comments:
>>>
>>> https://docs.google.com/document/d/1dk68bfuEp8eDsgIDBSZuQAr07_YWnbjvr8s5CEZ-q4o/edit
>>>
>>> As discussed in the last call I would ask for your help to review the DRATF and provide feedback on its compliance with the OD.
>>
>> It looks like a summary of various categories licenses. Am I missing
>> something?
>
> As far as I understand this is NOT exactly a 'summary of various categories licenses', but indeed intended to be a simple "terms of use" replacing detailed licenses.
>
> What do you and others think? Is this an appropriate way of adding this kind of simplistic terms of use?

Looking at it again, this is more clear. For others' convenience, the
full licenses are:

0
Any use is permissible.
No liability is assumed for compatibility of provided data and
services with user's system(s), accuracy of contents, data quality or
permanent availability of data or datasets. The exclusion of liability
does not apply to injury to life, limb or health. The exclusion of
liability does not apply to damage caused by premeditation or gross
negligence on the part of the licensor/data provider.

A
Any use is permissible under the condition of attribution. Any
amendment, adaptation, reuse or repurposing of data is permissible
only on the condition of attribution or otherwise the deletion of
references to the original creator of the work or data. This will be
decided by the data provider.
No liability is assumed for compatibility of provided data and
services with user's system(s), accuracy of contents, data quality or
permanent availability of data or datasets. The exclusion of liability
does not apply to injury to life, limb or health. The exclusion of
liability does not apply to damage caused by premeditation or gross
negligence on the part of the licensor/data provider.

I suppose "0" is open, assuming "Any use is permissible" is sufficient
to grant copyright, related, and sui generis rights without condition.

Analogous supposition for "A", with additional comment that "Any
amendment, adaptation, reuse or repurposing of data is permissible
only on the condition of attribution or otherwise the deletion of
references to the original creator of the work or data" sounds
possibly contradictory, but maybe some subtlety is present in the
original but not translated?

At the least, such super simple language is an interesting approach.

Mike