[okfn-za] Please Sue Me

Thu May 2 09:56:52 UTC 2013

> Adi we don't have to reinvent here.
>
> Simply pick a licence off Creative Commons, Lets set up a web site and start
> distributing data. Then the "Copyright holders have a choice" come and get
> us or not. The longer they leave comming to get us, the weaker they get. The
> sooner we publish the the weaker their Info Type Bills become.
Some work has been done on this front - see the Open Data Commons Open
Data Licence: http://opendatacommons.org/licenses/odbl/

> Right now we need a web site!

I've put one up - have a look at: http://www.pleasesueme.co.za. It
really is a starting point, the copy is embarrassing and the site only
has three datasets but hopefully it's a start. Anyone who wants to
jump in and make any improvements, copy, logo design, data collection
etc is welcome. Also, legal advice would be welcome, I'm going out on
a limb at the moment, probably fool-hardy and given Leon and
Geoffrey's comments, possibly a little too impulsive. It would be good
to have a professional give some thought to the practicalities of how
to implement this which wouldn't end up costing me a million rand in
legal bills.

Adi

>
> Do we need the formailities of the CKAN data structure, if so who is going
> to run it. I can offer to run a Ning site. This is a Social media site with
> options to close of paid conetent
>
>
> 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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>
>
>
> --
> He who lights his candle from mine, does not diminish my flame. Thomas
> Jefferesen
>
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--
Adi Eyal
Data Specialist
phone: +27 78 014 2469
skype: adieyalcas
linkedin: http://za.linkedin.com/pub/dir/Adi/Eyal