[od-discuss] Draft Response to Calgary

Tue Jun 25 12:12:49 UTC 2013

On 13-06-25 11:28 AM, Rufus Pollock wrote:
> On 25 June 2013 08:08, Kent Mewhort <kent at openissues.ca> wrote:
>> Hi Herb,
>>
>> Excellent & thorough response.  The only other thing I would mention is the
>> licensor's right to unilaterally terminate the licence, which is definitely
>> not open: "Furthermore, The City may, in its sole discretion, cancel or
>> suspend your access to the Data without notice and for any reason".
> To be clear is that *revocation* of the existing license or right to
> terminate access to the data (from hereon).
Good point, that's an important distinction.  I should have posted the 
full clause:

/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. In the 
event of cancellation or suspension, you will no longer be authorized to 
use or reproduce this Data, and The City may use any means possible to 
enforce its decision. Such cancellation or suspension will not affect 
any person who has received the datasets from you and who is otherwise 
in compliance with these Terms of Use. /

The clause therefore grants the City to the discretion to revoke (1) 
access; (2) the right to use; and (3) the right to reproduce. I think 
it's fair to say this effectively amounts to a full revocation of the 
rights granted under the licence (but may keep some of the obligations 
in place).

Kent
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