[okfn-za] [HacksHackers Cape Town] RE: Please Sue Me

Tue Apr 30 15:40:48 UTC 2013

I have no problem with you doing a column, every bit helps. Btw, Adi's
column in Daily Maverick went down well and I'm sure Branko would be happy
to publish (but be unlikely to pay for) more around open data if anyone else
is up for it. I'm seeing him on Thurs and will get him onsides with us. I'm
happy to help get stuff published. And Adi, you should write more. Ray

-----Original Message-----
From: hackshackers-capetown at googlegroups.com
[mailto:hackshackers-capetown at googlegroups.com] On Behalf Of Rory Williams
Sent: 30 April 2013 05:22 PM
To: hackshackers-capetown at googlegroups.com; odadi at googlegroups.com;
okfn-za at lists.okfn.org; hackshackers-johannesburg at googlegroups.com
Subject: Re: [HacksHackers Cape Town] RE: Please Sue Me

I would be keen to write about it in my Cape Times column 'Man About Town'.
Not necessarily about the idea in earlier emails about putting data online,
but the general topic under discussion here. 
Rory Williams
@carbonsmart

Sent via my BlackBerry from Vodacom

-----Original Message-----
From: "Raymond Joseph" <rayjoe at iafrica.com>
Sender: hackshackers-capetown at googlegroups.com
Date: Tue, 30 Apr 2013 17:17:14
To: <odadi at googlegroups.com>; <okfn-za at lists.okfn.org>;
<hackshackers-capetown at googlegroups.com>;
<hackshackers-johannesburg at googlegroups.com>
Reply-To: hackshackers-capetown at googlegroups.com
Subject: [HacksHackers Cape Town] RE: Please Sue Me

There's an election in SA next year and that means there's a window of a few
months that opens every five years when politicians are more accessible and
open to pressure. So a question: How do we turn the issue of open data into
an election issue? I reckon it's possible to run a pretty effective campaign
in the run-up to the elections, without getting involved in party political
issues, that would stir up people to ask about data and who owns it and who
gets to use it.
Adi and I have had run-ins with StatsSA and what is clear is that they
actually don't give a stuff about open data, even though they parrot the
concept without seeing the contradictions in the way they behave. If we come
armed with the facts and pick the right fights we could really shake things
up. As for Adi's suggestion, I think it's an excellent one and also has the
bonus of being an audit of what's out there that we want. Perhaps it's time
for some good old fashioned activism? My 2c worth.

Aluta continua, Ray

-----Original Message-----
From: odadi at googlegroups.com [mailto:odadi at googlegroups.com] On Behalf Of
Adi Eyal
Sent: 30 April 2013 03:10 PM
To: odadi at googlegroups.com; okfn-za at lists.okfn.org;
hackshackers-capetown at googlegroups.com;
hackshackers-johannesburg at googlegroups.com
Subject: Please Sue Me

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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