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Re: Open data french license



On Fri, 21 Dec 2012 23:15:11 +0000 (GMT) Jonathan Keller wrote:

> Hi everyone,

Hi.

> 
> I think that you are misinterpretating this issue.

Maybe, but I am not convinced by your arguments...

> 
>  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.

I think that a "re-user" becomes "producer" of "Derivative
information", whenever he/she modifies the "information" in order to
create such "Derivative information" (as permitted by the third point
of the _You are free to re-use the "Information"_ section).
Especially, if this "re-user" is willing to license the "Derivative
information" under the terms of the Open Licence itself...

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

I think that this is contradicted by the very license text, which states
(in the third point of the _You are free to re-use the "Information"_
section):

[...]
|  You are free to re-use the « Information » :
[...]
|   • To adapt, modify, transform and extract from the « Information »,
|     for instance to build upon it in order to create « Derivative
|     information » ;
[...]

> 
> 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.

As I said above, I don't think your interpretation is grounded in the
license text.

But, anyway, if your interpretation is confirmed to be valid, then the
license is even farther away from meeting the DFSG...

> 
> 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.

The license itself claims to be compatible with the Creative Commons
Attribution v2.0 license, which actually allows licensees to modify the
licensed work (even though with certain non-free restrictions...).
So, once again, I cannot understand where your interpretation comes
from...

> 
> I hope that it s more clear for you. 

Not really, unfortunately.


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