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

Mon Nov 15 20:14:58 UTC 2010

David E:

Response from David F.

Yes, David is correct - section 5 of the PDDL includes a warranty disclaimer
> - Not sure how we missed that - it's not a long license!
>
> I'll revise that section of the Report and update it on the site.
>

As soon as updated I will re-send!

Anything else anyone/

Cheers
t

On Mon, Nov 15, 2010 at 3:03 PM, Tracey P. Lauriault <tlauriau at gmail.com>wrote:

> 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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>> open-government at lists.okfn.org
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>>
>>
>> _______________________________________________
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>>
>
>
>
> --
> Tracey P. Lauriault
> 613-234-2805
>
>
>

-- 
Tracey P. Lauriault
613-234-2805
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