Norwegian Open Data License – draft now out

(Via Jonathan and Ton at EPSI), Norway has announced a draft open data license for public sector information, the Norsk lisens for offentlige data (NLOD). This is a big step for open government data in Europe.

It’s naturally in Norwegian, however Google Translate to the rescue — full English translation at end of this post.

Note that there is also an annotated version, and a post in English about the process.

Some comments and initial impressions on this translation:

• Great that they are CKAN users!

• It is absolutely fantastic that they’ve gone such an open route. I do want to push a bit further and query why it can’t be even closer to the public domain and make attribution a “community norm” that is strongly suggested, but not legally required. How does requiring attribution as a legal rule help advance the goals of releasing the information?

• Also, and this questions is just as much for the open government community as for Norway, do we need another open data license? Are we just going to increase license proliferation? Most of the non-copyright issues present here (and in the UK’s OGL) could potentially be separated out into two different docs — one for the specific notifications on personal data and similar issues; and the second an established public open data license.

• I’m wondering what the proposed compatibility with the “Open Government License” means in practice? This is a specific license written by the UK government and not a public license hosted by an institution such as Creative Commons or Open Data Commons for use by anyone that comes along. What if another government copies the whole template for their own license? Is that compatible? What if another country copies some, but not all, of the OGL for their own license? Will that come under this compatibility? Will Norway be monitoring the available licenses in order to update their compatibility list?

• It is great that they’ve made this license compatible with CC-BY and Open Data Commons Attribution. I do wonder though what that compatibility means (for these and the OGL) and if they could be more specific. If the intent is to allow users to relicense under either of these two licenses, then they should make the very clear (either here or in a FAQ) for users. This could of course be a translation error and in Norwegian it could come across as perfectly clear.

Note that typically you would do a dual license if you want people to use and reuse content under multiple licenses — this means that they have their choice of which one to take the content under from the beginning.

Norwegian Open Data License – Google Translate’s translation

Norwegian to English translation DRAFT Version 1.0 (Consultation Edition). See also the comments on this license in the annotated version. Consultation version is featured in the blog post Norwegian license for public data (NLOD) shall be circulated for comment.

This license entitles you to copy, modify and make available information, given that naming the contributors and meets the conditions described in this license. By utilizing the information made available under this license, you accept the terms of this license.

This license shall not restrict any right or freedom as a licensee under the Freedom of Information Act or as a result of the exclusion or limitation of the Copyright Act.

1. Definitions

• “Database” shall mean a database or anything that is protected under Copyright Act § 43
• “Information” shall mean creations that are protected as intellectual property, by the Copyright Act, § 1, or that is protected under the provisions of related rights in the Copyright Act, Chapter 5 (including databases and photographs) that is made available under this license.
• “Copy” shall mean the reproduction of any kind.
• “Licensee” and “you” shall mean the natural or legal person who uses information under this License.
• “Licensor” shall mean the natural or legal person who actually has sufficient legal authority and make available information under this License.
• “Make available” shall mean any tilgjengeliggjøringshandling including, distribute, transmit, distribute, display, perform, sell, lend and lease.
• “Exploit” shall mean to make one or more intellectual property relevant actions that require the licensee’s permission.

2. License

Licensee may, with the limitations of this license, to utilize the information for any purpose and in any context, by:

• Copy the information and make available information of others,
• Change the information and / or combine the information with other information, and to copy and make available such amended or complex information.

The license is nonexclusive, royalty-free and without temporal or geographical limitations. The information can be used in any medium and format, whether it be known today or later will be known.

License does not and therefore not entitled to exploit:

• Personal information that is protected under the Data Protection Act unless there is legal basis for extradition of treatment and for the further processing of personal data
• Information that has been made available in breach of statutory duty of confidentiality, which is exempt from public disclosure pursuant to law or that have been made available without the proper consent of the person who makes available the information under this license or without the proper consent of the other relevant parties
• Third-party rights that the licensor can not license the licensee
• Information that is protected by other intellectual property rights than copyright and related rights under the Copyright Act, Chapter 5, such as trademarks, patents and design rights, but this is not an obstacle to using information which the licensor’s logo is permanently embedded in the information or to name origin to the information under the provision below regarding attribution.

If the licensor has made available information that is not covered by the license, cf. list, the licensee delete such information.

The license is conditional upon the licensee meets the conditions that license. Licensee’s breach of this license implies that the license immediately and without notice terminate the licensee. Licensee shall, at such a breach, immediately and without notice, take such measures as are necessary to bring the infringement to an end, including deleting information that is made available in violation of this license.

3. Attribution

Licensee will name the source of the information as specified by the licensor, refer to this License and, where feasible, link to this License.

If the licensor does not specify how the attribution to be made, the licensee shall provide the following: “Contains data under Norwegian license for public data (NLOD) made available by [name of the licensor]“.

If the licensor has specified that the information is made available under a particular version of this license, cf. Article 8, the Licensee shall provide this.

Is the information edited licensee shall take reasonable steps to clearly label that changes have been made by the licensee.

4. Abuse

Licensee shall not use the information to mislead and not distort or misrepresent information.

Neither the licensor or other editors’ names or trademarks may be used to provide support to, to recommend or to promote the licensee or products or services using information without the express written consent of the licensor.

5. Disclaimer

The information provided “as is” and when it is available. The information may contain errors or omissions. Licensor makes no warranties, nor for the information content and timeliness. Licensor may at any time, without notice, temporarily or permanently cease to provide information to one or more licensees, including violations of the terms of this license, abuse or capacity problems.

Licensor disclaims, to the extent permitted by law, any liability for errors and deficiencies in the information and its delivery (including deficiencies related to data quality and defects).

Licensor shall not be liable for any direct or indirect losses arising as a result of exploitation of or in connection with the disclosure of information, regardless of cause and theory of liability. The limitation of liability under the previous sentence shall not apply if the licensor has committed any tortious acts of gross negligence or willful misconduct.

6. Statements of data quality and availability

This license does not preclude the licensor may provide supplemental statements about expected or intentional data quality and availability. Such statements shall be deemed to be of indicative nature and is not binding on the licensor. Disclaimers in Article 5 above applies in full even when it is given such guidance statements. Licensor may, by special agreement to give guarantees and make available information on conditions other than those required by this license.

7. License Compatibility

A contractual compatible license shall mean the following licenses:

• For all information: Open Government License (version 1.0),
• For those parts of the information does not constitute databases: Creative Commons Attribution License (generic version 1.0, 2.0, 2.5 and Unported version 3.0),
• For those parts of the information constitutes Databases, Open Data Commons Attribution License (version 1.0).

If a licensee makes available a derived or compound induce contents, based on information covered by this License and any other forward-promoting contents are licensed under a contractual compatible license, make available not conducted under an appropriate contractual compatible license, cf. list. This provision shall not preclude other licenses for their content may be compatible with this license.

8. New versions of the license

Licensee may choose to utilize the information covered by the license under the new versions of this license will be issued by the responsible ministry (currently Ministry of Government Administration and Church Affairs) when these versions are final and official, unless the licensor by making available any of the information under this License and have expressed that only version 1.0 (consultation version) can be used.

9. Choice of Law and Jurisdiction

This license, including its conclusion, and any dispute and any claim arising from or relating to this License shall be governed by Norwegian law. Protection Council shall be the licensor general jurisdiction. Licensor may elect to bring claims of jurisdiction and / or, what comes to the intellectual property rights under the law of the country where the intellectual property rights enforcement is sought.