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

Sat Jun 22 21:05:15 UTC 2013

Mike

Thanks for this analysis

+1 from me on approval of conformance with the Open Definition

Regards

Andrew Stott

From: od-discuss-bounces at lists.okfn.org
[mailto:od-discuss-bounces at lists.okfn.org] On Behalf Of Mike Linksvayer
Sent: 22 June 2013 21:37
To: Ellis, Jo
Cc: od-discuss at lists.okfn.org
Subject: Re: [od-discuss] OD conformant proposal: Open Government Licence
v2.0 []

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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