[Talk-us] US Addressing

[Brian May]

On 11/28/2012 8:10 PM, Jeff Meyer wrote:
> Does anyone have any success stories of asking localities to open up 
> previously copyrighted data? I'm going down the "just ask nicely for 
> *really* open data" path here in Seattle, but have yet to hear back 
> from the authorities. It seems that having a list of other cities that 
> have opened up and shared data would be a good reference tool when 
> going to ask for looser restrictions. - Jeff
>
>
> -- 
> Jeff Meyer
> Global World History Atlas
> www.gwhat.org <http://www.gwhat.org>
> jeff at gwhat.org <mailto:jeff at gwhat.org>
> 206-676-2347
>
>
I have an unfriendly success story for opening up access to data and 
removing any copyright assertions. Florida has strong open records laws. 
Several years ago, a few property appraisers in FL were still both 
charging outrageous fees for data (like $20k for a parcel shapefile) and 
asserting copyright over the data. A small company in Orlando filed suit 
against the Collier County Property Appraiser and won. 
http://en.wikipedia.org/wiki/Microdecisions,_Inc._v._Skinner

After that case, the other appraisers who were not following state law 
fell in line with the law. They can still charge a "reasonable fee", but 
they cannot assert any copyright or license over the data.

As I understand it, when dealing with local governments, state law takes 
precedence. It appears that Washington State has liberal open records 
laws - after reading through this: 
http://www.waurisa.org/conferences/2012/presentations/09%20Josh%20Greenberg%20Governments%20role%20in%20sharing%20spatial%20information.pdf

I saw on King County's GIS Data website they provide data for free 
download but throw some legalese in front of it asserting some kind of 
limited license, they own copyright, they can take away the license, 
etc. I'm not a lawyer, but my hunch is the "license agreement" is 
invalid, because state law takes precedence.

Brian
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