Re: Open data french license

Hi everyone,

I think that you are misinterpretating this issue.

But this license is made in order to publish the public data as requisted by the french/european law/regulation (if you are interrested by this issue, I can send you later the references). The aim is the publication

First the "producer" is a public entity not a private one. Therefore, about the intellectual property, it s refered as the work of a public agent or a work commissioned by the public entity (french law principle "you shall not grant rights beyond yours"). It s like a warranty stipulation in a software license.

In fact, this license/licence is granted in order to let people re-use the public data, not to modify it.

To make it clear and simple, this data is supposed to be aggregated, associated, used in many ways but not modified. In this context, the public data is free.

French public data law has for principle to "crystalize" the public data and avoid this very data to be modified. The public data is supposed to reflect a certain truth at a certain time. If the data is modified therefore the certain truth at a certain time is altered. If you want it s a creative commons license BY ND. But the public data is free and can be used as it is.

I hope that it s more clear for you.

Jonathan

De : Francesco Poli <invernomuto@paranoici.org>
À : debian-legal@lists.debian.org
Cc : x.guimard@free.fr
Envoyé le : Vendredi 21 décembre 2012 23h54
Objet : 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
non-existent.

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
software".
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
information.

Bye.

--
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..................................................... Francesco Poli .
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