[okfn-za] [HacksHackers Jo'burg] Please Sue Me

Adi Eyal adi at burgercom.co.za
Tue Apr 30 14:35:37 UTC 2013


Thanks Paul

> I highly double they will sue: they would look very very bad.

Those are my thoughts too.

Adi
>
> P
>
>
> On Tue, Apr 30, 2013 at 3:09 PM, Adi Eyal <adi at burgercom.co.za> wrote:
>>
>> Some of you may have read an article that I posted recently on the
>> OKFN mailing list and on the Daily Maverick with regards to the
>> openness of government data in South Africa.
>>
>> In that article, I described an exercise that I undertook to gain
>> commercial access to that data. I have had very few responses, all of
>> which expressly forbid commercial use.
>>
>> As per the Copyright Act, I am not certain that most of this data
>> qualifies for copyright protection as it usually contains a database
>> of facts where no innovative process was used to produce said data. On
>> the moral front, it seems absurd that data produced using public funds
>> should be restricted in such a way. In an ideal world an open data
>> licence would be attached to all government data allowing for re-use
>> without permission or restriction. Please see an excerpt from a
>> comment that I received from the legal advisor to parliament:
>>
>> "Should you wish to request permission or a licence to use information
>> on our webpage for commercial gain, I suggest you indicate the item
>> you want to use and the specific purpose for its use to allow us to
>> make an informed decision. "
>>
>> I it is unacceptable to be required to request permission to re-use a
>> list of MPs listed on www.parliament.gov.za
>>
>> I would like to propose a provocative response that will hopefully
>> spark a conversation (and despite the codename, not get me sued).
>> Volunteers and comments and criticisms welcome.
>>
>> The idea is as follows:
>>
>> 1. Build a website registered at www.pleasesueme.co.za
>> 2. Scrape a bunch of data from government website, stuff that seems to
>> not be copyrightable
>> 3. Upload it to the website and offer it up for sale for a nominal
>> fee. It needs to be sold so as to assert a right for general re-use.
>> Sold data will be re-released under an open licence.
>>
>> The money (i expect very little data to be actually sold) will be used
>> to fund a war-chest (however small) for a legal defense if it comes to
>> that. My gut feeling is that we won't get any response at all but by
>> being provocative, we might get people thinking about why it might be
>> important to push open data licences within government. We might get a
>> take-down notice which would be evaluated based on merit. I can't
>> imagine (though I am not a lawyer) that any public agency has the
>> time, money or wherewithal to take this to court.
>>
>> Any responses, including flames about how I'm being naive or that
>> antagonism is not the correct approach are welcome.
>>
>> Adi
>>
>> --
>> Adi Eyal
>> Data Specialist
>> phone: +27 78 014 2469
>> skype: adieyalcas
>> linkedin: http://za.linkedin.com/pub/dir/Adi/Eyal
>>
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>
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--
Adi Eyal
Data Specialist
phone: +27 78 014 2469
skype: adieyalcas
linkedin: http://za.linkedin.com/pub/dir/Adi/Eyal




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