[od-discuss] FW: Draft Response to Calgary

Tue Jul 16 14:49:01 UTC 2013

From: Simbirski, Walter
Sent: Tuesday, July 16, 2013 8:44 AM
To: 'Herb Lainchbury'
Subject: RE: [od-discuss] Draft Response to Calgary

My apologies for not responding sooner but due to the floods in Calgary I have just been able to get access to my emails. I will circulate the response to my colleagues for response when I receive the official version. With respect to the termination clause - how does this compare to:

"Any breach by You of the terms and conditions of this License automatically terminates this License with immediate effect and without notice to You. For the avoidance of doubt, Persons who have received the Database, the whole or a Substantial part of the Contents, Derivative Databases, or the Database as part of a Collective Database from You under this License will not have their licenses terminated provided their use is in full compliance with this License or a license granted under Section 4.8 of this License. Sections 1, 2, 7, 8, 9 and 10 will survive any termination of this License."

My thoughts are that it isn't the termination or revocation of the license that is at issue it is the use of language such as,

"Furthermore, The City may, in its sole discretion, cancel or suspend your access to the Data without notice and for any reason, including anything which The City, in its sole discretion, believes is a breach of these Terms of Use or is otherwise unlawful or harmful to others."

Which implies that the license could be terminated even though the user is in compliance with the terms of use.

Is that a fair assessment?

Thank you

Walter

From: od-discuss-bounces at lists.okfn.org [mailto:od-discuss-bounces at lists.okfn.org] On Behalf Of Herb Lainchbury
Sent: Wednesday, June 26, 2013 11:33 AM
To: Andrew Stott; Kent Mewhort
Cc: od-discuss at lists.okfn.org
Subject: Re: [od-discuss] Draft Response to Calgary

I have updated the response to add the suggestions from Andrew and Kent.

https://docs.google.com/document/d/1KroB-vEuwFdKF6bUj23FgcPaRgroZtu_2gWr14EWCtc/edit

You can see the revisions by selecting "File" | "Show Revision History" and then clicking the "Show Less Detailed Revisions" at the bottom right of the screen.

Herb

On Wed, Jun 26, 2013 at 10:09 AM, Herb Lainchbury <herb at dynamic-solutions.com<mailto:herb at dynamic-solutions.com>> wrote:
re (2): my preference would be to recommend that they adopt a license that has already been found conformant such as CC-BY, PDDL or the OGL - Canada v2.0.  (of course this presumes that we've made this decision before I send this note).

Herb

On Tue, Jun 25, 2013 at 8:31 AM, Andrew Stott <andrew.stott at dirdigeng.com<mailto:andrew.stott at dirdigeng.com>> wrote:
Herb

Thanks for this draft.  I am basically +1 with it subject to:

(1) adding the point Kent makes about revocation - where the provision is horrible because the full text shows that it essentially allows Calgary to revoke an individual user's licence in an arbitrary and discriminatory fashion.  While this might be an extreme case, it is not beyond the bounds of possibility if someone created an application that an influential politician did not like.

(2) a clearer sign-posting to what would be an acceptable standard licence.  Should we only recommend CC-BY, or should we point them to the possibility of adopting the Canadian OGL as an alternative?

Regards

Andrew

From: od-discuss-bounces at lists.okfn.org<mailto:od-discuss-bounces at lists.okfn.org> [mailto:od-discuss-bounces at lists.okfn.org<mailto:od-discuss-bounces at lists.okfn.org>] On Behalf Of Herb Lainchbury
Sent: 25 June 2013 00:43
To: od-discuss at lists.okfn.org<mailto:od-discuss at lists.okfn.org>
Subject: [od-discuss] Draft Response to Calgary

Here is a draft response to Calgary as promised.  It's in Google doc format here:

https://docs.google.com/document/d/1KroB-vEuwFdKF6bUj23FgcPaRgroZtu_2gWr14EWCtc/edit?usp=sharing

Please either +1 or send me suggestions.  If/once approved I will send it to Calgary directly and post to the http://opendefinition.org/update/ blog.

H

--
Herb Lainchbury

--
Herb Lainchbury
Dynamic Solutions Inc.
www.dynamic-solutions.com<http://www.dynamic-solutions.com>
http://twitter.com/herblainchbury

--
Herb Lainchbury
Dynamic Solutions Inc.
www.dynamic-solutions.com<http://www.dynamic-solutions.com>
http://twitter.com/herblainchbury

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