[open-government] [CivicAccess-discuss] CIPPIC - Municipal Data Licensing Canada

Mon Nov 15 20:03:16 UTC 2010

That would have been an awesome question for the meeting we had in Ottawa!

I will ask for clarification from CIPPIC - they are the authors!

Thanks for finding this.
t

On Mon, Nov 15, 2010 at 2:46 PM, David Eaves <david at eaves.ca> wrote:

>  Tracey,
>
> Thank you for this.
>
> On question that I'm confused about. In the document "A review and
> Recommendations" it says that in the PDDL there is "There is a low, albeit
> slightly higher, risk of liability because there are no contractual warranty
> disclaimers or exclusions of liability."
>
> And yet, in the PDDL, section 5 says. Isn't this a contractual warranty
> disclaimer and an exclusion of liability?
>
> *5.0 Warranties, disclaimer, and limitation of liability*
>
> 5.1 The Work is provided by the Rightsholder “as is” and without any
> warranty of any kind, either express or implied, whether of title, of
> accuracy or completeness, of the presence of absence of errors, of fitness
> for purpose, or otherwise. Some jurisdictions do not allow the exclusion of
> implied warranties, so this exclusion may not apply to You.
>
> 5.2 Subject to any liability that may not be excluded or limited by law,
> the Rightsholder is not liable for, and expressly excludes, all liability
> for loss or damage however and whenever caused to anyone by any use under
> this Document, whether by You or by anyone else, and whether caused by any
> fault on the part of the Rightsholder or not. This exclusion of liability
> includes, but is not limited to, any special, incidental, consequential,
> punitive, or exemplary damages. This exclusion applies even if the
> Rightsholder has been advised of the possibility of such damages.
>
> 5.3 If liability may not be excluded by law, it is limited to actual and
> direct financial loss to the extent it is caused by proved negligence on the
> part of the Rightsholder.
>
>
> On 10-11-15 10:43 AM, Tracey P. Lauriault wrote:
>
> CIPPIC Open Licensing Projects (http://www.cippic.ca/open-licensing/)
>
> Creative Commons Licenses
>
> CIPPIC is the Canadian home for the Creative Commons Canada<http://creativecommons.ca/>licenses.  CIPPIC was involved in porting the original CC licenses to
> Canada, and remains involved in updating those licenses to their most recent
> version.
> Municipal Data Licensing
>
> CIPPIC is a strong supporter of Canadian municipalities making their data
> available for creative and innovative public use.  Current projects include
>
> CIPPIC recently authored a review of the Ottawa Open Data Licensee,
> offereing recommendations for making the license more usable.
>
>    - CIPPIC, The Open Data Ottawa License:  A Review and Recommendations<http://www.cippic.ca/uploads/open-licensing/CIPPIC-Ottawa_License_Report-2010-09-22.pdf>(September, 2010)
>
>
>
> --
> Tracey P. Lauriault
> 613-234-2805
>
>
>
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-- 
Tracey P. Lauriault
613-234-2805
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