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Re: Open data french license

On Fri, 21 Dec 2012 19:40:42 +0900 Charles Plessy wrote:

> > You are free to re-use the « Information » :
> > 
> >  • To reproduce, copy, publish and transmit the « Information » ;
> >  • To disseminate and redistribute the « Information » ;
> >  • To adapt, modify, transform and extract from the « Information »,
> >    for instance to build upon it in order to create « Derivative
> >    information » ;
> >  • To exploit the « Information » commercially, for example, by
> >    combining it with other « Information », or by including it in
> >    your own product or application.
> Bonjour Xavier and everybody,
> I do not see the permission to disseminate modified informations.
> If this restriction is confirmed, then the license is not free from
> Debian's point of view.

This seems to be an issue, thanks to Charles for spotting it!

I also see a second issue, in case the first is found to be

Let's assume for an instant that the Open Licence grants permission to
distribute derivative information.

In order to meet DFSG#3, the license must allow derived works "to be
distributed under the same terms as the license of the original
Hence I must be allowed to take some information available under the
terms of the Open Licence, adapt/modify/transform it, and distribute
the resulting derivative information under the Open Licence.

On the other hand, the license text states:

> Intellectual property rights
> The « Producer » guarantees that the « Information » is not subject
> to any « Intellectual property rights » belonging to third parties.

In the hypothetical case described above, I would be the producer of the
derivative information.
How can I guarantee that such information is not subject to any
"intellectual property rights" belonging to third parties?
I think I cannot, since such information would be derived from the
original information, which may indeed be subject to "intellectual
property rights" belonging to the original producer!

Hence, it seems to me that the Open Licence would fail to meet DFSG#3,
even if it were found to allow the distribution of derivative
information, because it would not allow derivative information to be
distributed under the same terms as the license of the original


 New GnuPG key, see the transition document!
..................................................... Francesco Poli .
 GnuPG key fpr == CA01 1147 9CD2 EFDF FB82  3925 3E1C 27E1 1F69 BFFE

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