Report from the ChangeCamp Ottawa 2010 Session C2
July 17, 2010
Ottawa City Hall
Session Moderator: Tracey P. Lauriault (email@example.com, datalibre.ca, civicaccess.ca)
Note Taker: Mark Tovey, (firstname.lastname@example.org, WorldChanging Canada )
Input provided by:
- Jenn Barrigar (feisty at jenn.gmail dot com)
- John Bein (johnbein at gmail dot com)
- Aaron Byrne (aaron.byrne at ottawa dot ca)
- Steffen Christensen
- Adam Hill
- Tamir Israel (tisrael at cippic dot ca)
- Kent Mewhort (kmewhort at cippic dot ca )
- Robin Milette, Koumbit (robin at millette dot info)
- ctcanham at hotmail dot com
- Councillor Marianne Wilkinson – the chair of the city IT subcommittee also paid the session a visit
Tracey P. Lauriault approached David Fewer, the director of Canadian Internet Policy and Public Interest Clinic (CIPPIC), about discussions from users and about the topic of access to public data in general. David Fewer agreed to have a summer law student conduct research on the issue of data licensing and ToU. Concurrently, the four open data cities have created a series of working groups between and among themselves to improve and advance their Open Data work. The City of Ottawa has agreed to be the point city on the issue of ToU.
Today’s session is about examining the existing City of Ottawa ToU and soliciting input from ChangeCamp 2010 attendees as part of the research process. The research will be ongoing during the summer and it was agreed that those who have provided input will be kept in the loop. In addition, there will be further consultation with the open data cities and potentially with the broader public who may have an opinion. The discussed output from this research may be in the form of advice to the cities, a modified ToU with annotations, or a CIPPIC FAQ. The Final output has not yet been decided.
- Share thoughts and comment on its content
- Mark Tovey took notes
- Tracey P. Lauriault wrote notes on the Flip Chart paper
Your open license to the datasets
Giving City credit
Compliance with law – Your responsibility
You assume sole responsibility for your use and reproduction of the datasets complying with all applicable laws and industry standards.
No warranty with datasets
You get NO WARRANTIES, none of any kind. By this, we mean, for example (but without limiting the total intended scope of the preceding sentence), (1) that while reasonable efforts have been made in preparing these datasets for use by you, the City cannot give any promises as to the completeness, currency, or accuracy of the datasets nor that access will be continuous, (2) the City cannot make any promise that the datasets are free and clear of any possible third party copyright, moral rights, or other claim, (3) the datasets have been modified from their original source, as data initially generated by the City for its internal uses, and (4) all data visualizations on maps are approximate and include only records that can be mapped.
You accept these datasets on an “as-is, where is” basis and agree to use them at your own risk.
Exclusion of liability
You agree that you will not and cannot sue the City for anything, which the City does or does not do (even if intentional or negligent) in connection with the datasets and your use or inability to use them. Without limiting the general scope of the preceding sentence, this means that the City and its agents are not liable on any legal theory or basis for any direct, incidental, indirect, special, punitive, exemplary, or consequential damages or losses, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages or losses.
Cancellation for non-compliance
You may not publicly represent or imply that the City is participating in, or has sponsored, approved, or endorsed the manner or purpose of, your use or reproduction of these datasets.
You may not use any trade-mark, official mark, official emblem or logo, of the City, or any of its other references or means of promotion or publicity without the City’s prior written consent nor in any event to represent or imply an association or affiliation with the City.
Governing law and jurisdiction from which datasets are published
- A new ToU should include the formal language and be accompanied by explanatory notes with tangible examples.
- Disseminate the ToU in a way enable discussion e.g. comment-able in a wiki
- Consider the Creative Commons model which combines both plain language and legal language
- Consider either CCO (http://creativecommons.org/publicdomain/zero/1.0/) or ODbl (http://www.opendatacommons.org/licenses/odbl/)
- Develop and/or adopt a ToU with Open Government principles
- Provide the ability to cite these data, this is important when data are used in academic or other publications
- What about CC0 that’s public domain.
- Can you copyright a fact? – Teressa Scassa, Canada’s Research Chair in Information Law & Vice-Dean Research has written about this and id doing research with geomaticians on this topic . Sometimes you can copyright facts.