[od-discuss] Comparison of OGL-Canada v2.0 to OGL-BC v2.0

Mon Jun 24 18:11:25 UTC 2013

Since BC also launched their new licence last week here is the wdiff of the
OGL-Canada v2.0 and the OGL-BC v2.0.  These licences are very similar but I
wouldn't say they are the same licence.  Like the Alberta licence, the BC
license has an extra exemption which I think is enough to say it's a
different licence.

Interestingly, BC also uses the spelling "License" instead of "Licence" as
the other jurisdictions do.  BC also numbers their clauses.

Other than the spelling differences and the numbering, Alberta and BC are
most similar in my opinion as they both have the extra exemption referring
to records.  So, they might be considered equivalent.

It's unfortunate that we haven't seen a parameterized license where
difference in name and legislation are dealt with in a definitions section.
 Maybe I am wrong but it seems to me that would allow publishers to use
exactly the same license text.

Herb

-----

Open Government [-Licence - Canada-] [+License - British Columbia+]
You are encouraged to use the Information that is available under this
[-licence-] [+license+] with only a few conditions.
Using Information under this [-licence-] [+license
1.+] Use of any Information indicates your acceptance of the terms
below.[+2.+] The Information Provider grants you a worldwide,
royalty-free, perpetual, non-exclusive [-licence-] [+license+] to use
the
Information, including for commercial purposes, subject to the terms below.
You are free to:[+3.+] Copy, modify, publish, translate, adapt,
distribute or otherwise use the Information in any medium, mode or
format
for any lawful purpose.
You must, where you do any of the above:[+4.+] Acknowledge the source
of the Information by including any attribution statement specified by
the Information
Provider(s) and, where possible, provide a link to this [-licence.-]
[+license.+]
If the Information Provider does not provide a specific attribution
statement, or if you are using Information from
several [-information providers-] [+Information Providers+] and
multiple attributions are not practical for your product or
application, you must
use the following attribution statement:
Contains information licensed under the Open Government [-Licence-]
[+License+] â€“ [-Canada.-] [+British Columbia.
5.+] The terms of this [-licence-] [+license+] are important, and if
you fail to comply with any of them, the rights granted to you under
this [-licence,-] [+license,+] or any similar [-licence-] [+license+]
granted by the Information Provider, will end automatically.
Exemptions[+6.+] This [-licence-] [+license+] does not grant you any
right to use:[+a)+] Personal Information; [+b) Information or Records
not accessible under the Freedom of Information and Protection of
Privacy Act (B.C.);
c)+] third party rights the Information Provider is not authorized to
license; [+d)+] the names, crests, logos, or other official
[-symbols-] [+marks+] of the Information Provider; and[+e)+]
Information subject to other intellectual property rights, including
patents, trade-marks and official marks.
Non-endorsement[+7.+] This [-licence-] [+license+] does not grant you
any right to use the Information in a way that suggests any official
status or that the
Information Provider endorses you or your use of the Information.
No [-Warranty-] [+warranty
8.+] The Information is licensed â€œas isâ€, and the Information
Provider excludes all representations, warranties,
obligations, and liabilities, whether express or implied, to the
maximum extent permitted by law.[+9.+] The Information Provider is not
liable for any errors or omissions in the Information, and will not
under any
circumstances be liable for any direct, indirect, special, incidental,
consequential, or other loss, injury or damage
caused by its use or otherwise arising in connection with this
[-licence-] [+license+] or the Information, even if specifically
advised
of the possibility of such loss, injury or damage.
Governing Law[+10.+] This [-licence-] [+license+] is governed by the
laws of the province of [-Ontario-] [+British Columbia+] and the
applicable laws of [-Canada.-] [+11.+] Legal proceedings related to
this [-licence-] [+license+] may only be brought in the courts of
[-Ontario or the Federal Court of Canada.-] [+British Columbia.+]
Definitions[+12.+] In this [-licence,-] [+license,+] the terms below
have the following meanings:
"Information"
means information resources [+or Records+] protected by copyright or
other information [+or Records+] that is [+are+] offered
for use under the terms of this [-licence.-] [+license.+]
"Information Provider"
means Her Majesty the Queen in right of [-Canada.-] [+the Province of
British Columbia.+]
â€œPersonal Informationâ€[-means personal information as
defined-][+has the meaning set out+] in [-section 3-] [+Schedule 1+]
of the [+Freedom of Information and Protection of+] Privacy [-Act,
R.S.C. 1985, c. P-21.-] [+Act (B.C.).
â€œRecordsâ€
has the meaning set out in section 29 of the Interpretation Act (B.C.).+]
"You"
means the natural or legal person, or body of persons corporate or
incorporate, acquiring rights under this [-licence.-] [+license.+]
Versioning[+13.+] This is version 2.0 of the Open Government [-Licence
- Canada.-] [+License for Government of British Columbia
Information.+] The
Information Provider may make changes to the terms of this [-licence-]
[+license+] from time to time and issue a new version of
the [-licence.-] [+license.+] Your use of the Information will be
governed by the terms of the [-licence-] [+license+] in force as of
the date you
accessed the information.

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