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

Fri Jun 28 05:00:09 UTC 2013

Hi, yes we're going to review and make a decision about both at once, after
Canada, so in about 2 weeks. Will start a new thread with a clear subject
for that.

No need to submit anything more formal, though thanks for asking!

Mike

On Wed, Jun 26, 2013 at 3:17 PM, Wrate, David CITZ:EX <David.Wrate at gov.bc.ca
> wrote:

> Hi, David Wrate here from the Province of BC.
>
> I'm trying to get a sense of whether we should be submitting the OGL-BC
> license for conformance review. With the exception of jurisdictional
> changes, the BC license is the exact text as the AB license and is already
> published. It appears there is conformance review underway for AB; would
> the results of that that also apply to BC?
>
> I'm happy to provide a formal request, just don't want to add unnecessary
> grist into the mill.
>
> Cheers,
> David
>
> ------------------------------
> Date: Wed, 26 Jun 2013 13:44:54 -0700
> From: Mike Linksvayer <ml at gondwanaland.com>
> Subject: Re: [od-discuss] Comparison of OGL-Canada v2.0 to OGL-BC v2.0
> To: Herb Lainchbury <herb at dynamic-solutions.com>
> Cc: "od-discuss at lists.okfn.org" <od-discuss at lists.okfn.org>
> Message-ID:
>         <
> CAGSmzpSR-J8HdBHnqiMcWAMo8LVWBXwycSifqUVtZ4uWpCTJBA at mail.gmail.com>
> Content-Type: text/plain; charset="windows-1252"
>
> On Mon, Jun 24, 2013 at 11:11 AM, Herb Lainchbury <
> herb at dynamic-solutions.com> wrote:
>
> > 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.
> >
>
>
> http://blog.data.gov.bc.ca/2013/06/british-columbia-adopts-canadian-open-government-license/
> http://www.data.gov.bc.ca/local/dbc/docs/license/OGL-vbc2.0.pdf
>
> As this BC is already released I'd propose holding off on a conformance
> vote until after we've done one for OGL Canada 2.0, or at the same time.
> Comments
> http://lists.okfn.org/pipermail/od-discuss/2013-June/000488.htmlon
> OGL Canada 2.0 obviously apply here
>
> Is the additional exemption problematic? "Information or Records that are
> not accessible under applicable laws;"
>
>
> 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.
> >
> >
> Agree.
>
>
> > 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.
> >
>
> The BC blog post above says:
>
> The license is the result of public input and the governments of Canada,
> Ontario, Alberta and British Columbia and David Eaves <http://eaves.ca>
> all working together to create a license not only for the federal
> government, but one that any jurisdiction in Canada can adopt.
>
> Maybe in the eventuality of 3.0, if it ever happens, the exact same text
> can be used. Worldwide? :-)
>
>
> > 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+] ??? [-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 ???as is?? , 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.+] ???Personal Information?? [-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.).
> > ???Records??
> > 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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