[od-discuss] Draft Response to Calgary

Rufus Pollock rufus.pollock at okfn.org
Tue Jun 25 18:06:09 UTC 2013


Wow that's pretty amazing set of revocation terms - thanks for posting the
full version. Definitely makes this non-conformant!

BTW: @Herb: could we get this license (markdown version) into the repo.
This would be a first experiment with our new licenses storage
process<https://github.com/okfn/opendefinition#licenses> (feedback
will be useful!).

Rufus


On 25 June 2013 13:12, Kent Mewhort <kent at openissues.ca> wrote:

>  On 13-06-25 11:28 AM, Rufus Pollock wrote:
>
> On 25 June 2013 08:08, Kent Mewhort <kent at openissues.ca> <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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Rufus Pollock

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