[od-discuss] OD conformant proposal: Open Government Licence v2.0 []

Sat Jun 22 20:37:14 UTC 2013

On Sat, Jun 22, 2013 at 8:14 AM, Ellis, Jo <
Jo.Ellis at nationalarchives.gsi.gov.uk> wrote:

>  Further to our discussion on 14 June, here is the final version of the
> Open Government Licence v2.0 for formal approval.  We plan to launch on 28
> June and, although I appreciate time is tight, it would be great if we
> could mention the OD compliance when we launch.
>

I don't see any substantive changes between the draft you sent
http://lists.okfn.org/pipermail/od-discuss/2013-June/000424.html and this
final version -- wdiff of the two at the end of this mail.

Agree it would be great to mention OD compliance at launch. I think given
extensive discussion of this, including on last telecon, we can substitute
a greater number (say at least half, which would be 8) of AC members
actively +1'ing for the two week consensus period in
http://opendefinition.org/licenses/process/ -- unless any AC member
objects. :)

The attachment to previously linked
http://lists.okfn.org/pipermail/od-discuss/2013-June/000424.html includes a
redline of all substantive changes from UK OGL 1.0; here's my summary:

* Version changed from 1.0 to 2.0
* Following problematic conditions *removed* (these were core of previous
discussion on UK OGL 1.0):

   - ensure that you do not use the Information in a way that suggests any
   official status or that the Information Provider endorses you or your use
   of the Information;
   - 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 1998 or the Privacy and Electronic Communications (EC
   Directive) Regulations 2003.

* In exemptions, "Information subject to" removed from clause ending with
"other intellectual property rights, including patents, trademarks, and
design rights" (clarifying that these other rights aren't licensed rather
than no permission granted if other rights pertinent, which makes it hard
to tell when one has permission at all)

* Addition of non-endorsement clause (not granting a right of endorsement,
substituting for the condition above; a subtle but big improvement)

* Clearer statement of donor compatibility with CC-BY (and specifying 4.0,
presumably because it will explicitly cover database rights) and ODC-BY.

These are all good changes, and make me +1 on approval of conformance with
the Open Definition.

For the record, my ideal OGL (apart from the obvious ideal ideal, that all
PSI be free of copyright and related restrictions, period) would (a) not or
more finely exempt personal data -- see the third numbered item in
http://opendefinition.org/2013/01/31/ogl-canada-proposal-feedback/ courtesy
Andrew Stott -- and (b) would not exempt patents given there seems to be
some potential for use with software, see
https://github.com/okfn/licenses/pull/15

But (a) is a hard issue and I don't think is a linchpin for OD
[non-]compliance, and (b) is an issue for the Open Source Initiative,
should anyone actually use the UK OGL 2.0 for software and claim it is
approved for open source software.

Additional +1's or dissent? I will ping all AC members privately for a
hopefully quick response.

Mike

...

You are encouraged to use and re-use the Information that is available
under this licence freely and flexibly, with only a few conditions.

Using Information under this licence

Use of copyright and database right material expressly made available
under this licence (the ‘Information’) indicates your acceptance of
the terms and conditions below.

The Licensor grants you a worldwide, royalty-free, perpetual,
non-exclusive licence to use the Information subject to the conditions
below.

This licence does not affect your freedom under fair dealing or fair
use or any other copyright or database right exceptions and
limitations.

You are free to:

copy, publish, distribute and transmit the Information;

adapt the Information;

exploit the Information commercially, for example, by combining it
with other Information, or by including it in your own product or
application.

You must (where you do any of the above):

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;

If the Information Provider does not provide a specific attribution
statement, or if you are using Information from several Information
Providers and multiple attributions are not practical in your product
or application, you may use the following:

Contains public sector information licensed under the Open Government
Licence v2.0.

These are important conditions of this licence and if you fail to
comply with them the rights granted to you under this licence, or any
similar licence granted by the Licensor, will end automatically.

 Exemptions

This licence does not [-cover the use of:-] {+cover:+}

personal data in the Information;
Information that has neither been published nor disclosed under
information access legislation (including the Freedom of Information
Acts for the UK and Scotland) by or with the consent of the
Information Provider;
departmental or public sector organisation logos, crests and the Royal
Arms except where they form an integral part of a document or dataset;
military insignia;
third party rights the Information Provider is not authorised to license;
other intellectual property rights, including patents, [-trademarks,-]
{+trade marks,+} and design rights; and
identity documents such as the British Passport.

Non-endorsement

This licence 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

The Information is licensed ‘as is’ and the Information Provider
excludes all representations, warranties, obligations and liabilities
in relation to the Information to the maximum extent permitted by law.

The Information Provider is not liable for any errors or omissions in
the Information and shall not be liable for any loss, injury or damage
of any kind caused by its use. The Information Provider does not
guarantee the continued supply of the Information.

Governing Law

This licence is governed by the laws of the jurisdiction in which the
Information Provider has its principal place of business, unless
otherwise specified by the Information Provider.

Definitions

In this licence, the terms below have the following meanings:

‘Information’ means information protected by copyright or by database
right (for example, literary and artistic works, content, data and
source code) offered for use under the terms of this licence.
‘Information Provider’ means the person or organisation providing the
Information under this licence.
‘Licensor’ means any Information Provider which has the authority to
offer Information under the terms of this licence or the Controller of
Her Majesty’s Stationery Office, who has the authority to offer
Information subject to Crown copyright and Crown database rights and
Information subject to copyright and database right that has been
assigned to or acquired by the Crown, under the terms of this licence.
‘Use’ [-as a verb,-] means doing any act which is restricted by
copyright or database right, whether in the original medium or in any
other medium, and includes without limitation distributing, copying,
adapting, modifying as may be technically necessary to use it in a
different mode or format.
‘You’ means the natural or legal person, or body of persons corporate
or incorporate, acquiring rights under this licence.

About the Open Government Licence

The Controller of Her Majesty’s Stationery Office (HMSO) has developed
this licence as a tool to enable Information Providers in the public
sector to license the use and re-use of their Information under a
common open licence. The Controller invites public sector bodies
owning their own copyright and database rights to permit the use of
their Information under this licence.

The Controller of HMSO has authority to license Information subject to
copyright and database right owned by the Crown. The extent of the
Controller’s offer to license this Information under the terms of this
licence is set out on The National Archives website [link].

This is version 2.0 of the Open Government Licence. The Controller of
HMSO may, from time to time, issue new versions of the Open Government
Licence. [-However,-]  {+If+} you [-may continue to use-] {+are
already using+} Information [-licensed-] under [-this-] {+a previous+}
version [-should you wish-] {+of the Open Government Licence, the
terms of that licence will continue+} to [-do so.-] {+apply.+}

These terms are compatible with the Creative Commons Attribution
License 4.0 and the Open Data Commons [-Attributions-] {+Attribution+}
License, both of which license copyright and database rights.  This
means that when the Information is adapted and licensed under either
of those licences, you automatically satisfy the conditions of the OGL
when you comply with the other licence.

Further context, best practice and guidance can be found in the UK
Government Licensing Framework section on The National Archives
website [link].
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