[OSM-legal-talk] Taiwan Open Government Data License

[Simon Poole]

Good to see that 6.3 at least raised half an eye brow with the OKFN,
they seem to however chosen the most harmless interpretation possible,
my reading would be that it could be equivalent to a hold
harmless/indemnification clause. Now for probably 99.9% of OKFNs
audience the concerns are probably irrelevant, but OpenStreetMap:

- does useful things with the data

- distributes the data as Open Data further so that other people and
organisations can do useful things with it

Useful things include maps, routing and so on. As a result the exposure
to something going wrong can be quite large, and the scenario in which
the "Data Providing Organisation" makes a pay out to a US Tourist suing
everybody in sight for whatever mishap and then tries to recover the
money by trying to get it from us is not so far fetched. Article 184 is
naturally fairly standard fare as legislation goes, but I'm at a bit of
a loss seeing were that ties in to the 2nd part of 6.3 which would make
us liable for damage claims that we could not directly defend ourselves
against.

Simon


Am 16.05.2017 um 13:23 schrieb Rex Tsai:
> Hi,
>
> "Open Government Data License Taiwan 1.0" just has been approved as 
> Open Definition Conformant License[1] last month.
>
> There were some discussion[2] about clause 6.3, it does not impose any 
> additional agreement nor does it impose any restrictions, but a 
> reminding and a corresponding clause to Article 184 of Taiwan Civil
> Code[3].
>
> We also discussed the issue of 3.2, when I proposed to include NLSC tile
> into editor-layer-index[4]. However, as the local community does not
> have a registered legal entity, we don't have a written agreement on the
> attribution requirement.
>
> If you like to import the data from data.gov.tw, please kindly follow
> the import process, so we can notify the copyright holder for the 
> requested attribution.
>
> [1] http://opendefinition.org/licenses/
> [2] https://discuss.okfn.org/t/license-approval-request-open-government-data-license-taiwan-1-0/4593/12
> [3] http://law.moj.gov.tw/Eng/LawClass/LawAll.aspx?PCode=B0000001
> [4] https://github.com/osmlab/editor-layer-index/pull/255
> [5] https://wiki.openstreetmap.org/wiki/Import/Guidelines
>
> Cheers
> -Rex
>
> On Tue, May 16, 2017 at 05:49:46AM +0800, 積丹尼 Dan Jacobson wrote:
>> OK thanks Simon for the clarification!
>> I'll ask the participants of
>> https://www.facebook.com/groups/odtwn/permalink/1927450013936074/?comment_id=1927539973927078 and
>> https://discuss.okfn.org/t/license-approval-request-open-government-data-license-taiwan-1-0/4593/12
>> to chime in here to get this straightened out!
>>
>>>>>>> "SP" == Simon Poole <simon at poole.ch> writes:
>> SP> As has already been pointed out 3.2 could be problematic. The
>> SP> translation is a bit wobbly and unclear, but if I understand it
>> SP> correctly the intent is to reference a data set specific attribution
>> SP> requirement that would naturally have to be looked at for any specific
>> SP> data use.
>>
>> SP> The really killer is however 6.3 (which should have a different section
>> SP> header) which I suspect is incompatible with the Open Definition and a
>> SP> lot of other stuff (including common sense :-)).
>>
>> SP> Simon
>>
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