Open Data Licensing - Making it Clear

Alt Title: What do you mean, Open?!

Manage spatial data at MPCA, Part of team that built Commons

I am data publisher, manager and consumer (perspective)

Co-organize MaptimeMSP

Alan Levine | CC-BY | https://www.flickr.com/photos/cogdog/7155294657/

Co-organize MaptimeMSP

Today, not representing MN.IT

Even when we say Open, it is not clear

Why open your data?
MetroGIS has a lot of resources

By being open, weather data fuels 10s of $ billion industries

Also look at GPS

"Open data can be freely used, modified, and shared by anyone for any purpose."

- OpenDefinition.org

Title is "Open Data Licenses"

Let's start with "open"

Open License vs Copyright

Copyright != Open
Federal data, by law, is not covered by copyright
Local data could be, important to waive explicitly

In the US, you get copyright on creative works, but not on 'facts'.
The point at which a collection of facts becomes a creative work is contentious, so it is important to be explicit.

New Approach

Disclaimer for liability
Well known, open license

For open data, two different vehicles.

MN local governments have liability protection under SS 466.03, Subd. 21 with disclaimer (most are doing first one)

Well known and common simplify for consumer.

MN §466.03, Subd. 21

Local governments are free from civil and tort liability for the electronic geospatial data they produce under state statutes as long as they provide a disclaimer with the data describing its accuracy and origin.

All you need is a disclaimer

Natural
Pure
Clean
Eco-Friendly
Open

Open

What do all of these words have in common? (see on food, personal care)

Why do we need a license, we said that it was open?

No legal definition
We need to be explicit

*This is a completely made up chart!

But, I believe that it reflects reality.

class project vs build a business on

Context, Open status of county data, LEADERS

Only one county found with license.

City of Mpls too

Credit Geoff Maas

Why are organizations opening their data?

Transparency
Developers use accurate data
Saves resources
Economic fuel
They have to...

Better to have maps,apps, etc using best data

Moyan Brenn | CC-BY 2.0 | https://flic.kr/p/au8tpP

Introspection

Think about why you are opening your data. (reflect that in license)

If you are considering licenses clauses or restrictions, will you ever actually enforce them?

Common, well known licenses

Data consumer quickly knows what they can do with it
Facilitates data aggregation by consumers
Saves the cost and pitfalls of rolling your own
Consumer only needs to understand few licenses.

Open licenses

Public Domain
Optional: attribution
Optional: share-alike

From OpenDefinition.org

Run through each one.

Producers may think their data is used by itself, aggregation is reality

Public Domain

No restrictions on use
(Explicitly waiving any rights)
CC0 (4.0) or ODC PDDL
Default to Open
Creative Commons and Open Data Commons Public Domain Dedication and License

I think, many counties mean PD, need a license to state no license or Copyright

Economic case of weather, GPS, etc.

CC0 (+by) ... enables creativity and reuse, with attribution still maintained by the vast majority of people ... part of a social contract.

Dan Cohen - Digital Public Library of America

Alternative - 'Social or Ethical' attribution CC0 (+by)

http://www.dancohen.org/2013/11/26/cc0-by/

"bad actors will do bad things, regardless of license"

also, he underestimated the number of good actors

I think that CC0 (+by) is the best of both worlds: the data in a free-flowing environment that enables creativity and reuse, with attribution still maintained by the vast majority of people who consider themselves part of a social contract. - Dan Cohen

Share-Alike Clause

Users MUST share any derivatives under same license (viral)
CC-by-sa (4.0) or ODbL
Causes challenges for users (management and redistribution)
Viral license
When PD and SA mixed => product requires SA