queensland spatial information council smart spatial solutions for queensland government information...

Queensland Spatial Information Council smart spatial solutions for Queensland

GOVERNMENT INFORMATION LICENSING FRAMEWORK

and CRC-SI PROJECT 3.05

A LEGAL PLATFORM TO SUPPORT INTER-AGENCY AND

INTER-JURISDICTIONAL EXCHANGEAND SHARING OF DATA

Tim Barker, Neale Hooper, John Cook, Jenny BoppQueensland Treasury

Anne Fitzgerald, Baden AppleyardQUT


AGENDA

• Background

• Findings of Project Stages

• Creative Commons

• Legal Considerations

• Policy Considerations and Audit

• Technology and Discovery

• Business Case


Are You Smarter Than a IP Lawyer ?

• STAND UP if your agency needs access to data from a range of sources to model, manipulate and analyse those data to create new information.

• STAY STANDING if your agency regularly passes its own existing and other acquired information to internal and external clients, either for free or a cost.

• STAY STANDING if your agency is 100% sure that under myriad of licensing arrangements that may apply “your” data, that you or your clients are fully complying with terms under which the data is accessed or used?

• TAKE A BOW if your agency would survive an audit if a custodian sued for Copyright or Intellectual Property breaches?


How Important Is Being Right about your Information Property “Rights”


What we want as Decision

Makers

Web MapServer

Web CoverageServer

Web FeatureServer

Web TerrainServer


Build Spatial Enabled Applications


Hypothesis for Standardising Legal Framework for Information Transaction

• Possible to develop a Government Information Licensing Framework of standardised legal terms and conditions within which all information transactions can occur.

• By doing so would facilitate improved access to, and use of, Government held data, by Government.

• The framework would standardise transactions with other government jurisdictions by using a single framework for access to all data and extend to community and the private sector

• Help manage the Government’s IP• Reduce legal risks associated with potential

unauthorised use of data and information products and services both in and outside of Government


Proposal is Different for CIO’s

• Not typical ICT system test, buy/build implementation

• Very strong strategic information policy focus – big “I” for information

• Requires large investment in information management & legal research

• Balance of legal framework development against IT capability


AIM of GILF Project

• Deliver a standard set of terms and conditions for information licensing.

• That will work effectively and legally in practice.

• But must fit within a national and internationally recognised environment.


Stage 1 - Current Licensing Trends

• Strong market philosophy based on value and supply chain and extracting rents for data use.– Shrink-wrap or click-wrap– Embargoes & Quality ladders– Minimal restrictive– Tiered restrictive– Non-licence alternatives


Stage 1 - Identified Problems in Information Licensing

• Majority of government business units don’t use any formal licensing

• Those that do, vary in legal frameworks significantly• Current “standard” approaches dated – many derivatives• Non standard approach of access for data users• Potentially more difficult for Gov agencies to deal with each

other than to get same information from outside Government• Inter-jurisdictional exchange (eg for NWI) problematic. • Complex for anyone outside dealing with multiple

Departmental approaches to information licensing• Agencies consider themselves as unique business entities,

not as a single government• Licences do not reflect the mature business approach that

agencies now wish to take with data use and reuse.


What This Means

• Confusion and costs for clients, community and custodians

• Impossible to design an architecture for an online portals and/or inter-jurisdictional data collaborations

• Difficult for information users to know if they are fully complying with legal obligations

• Impediment to innovation


Mature Approach

• Social, economic, cultural and environmental value of public sector datasets are in their use

• Action Agenda - Federal Government Report “Unlocking the Potential – Digital Content Industry”

• ABS and Geoscience Australia data delivery strategy – free on the web with liberal use permissions

• Some agencies have differing information rules for industries

• WOG Licensing Strategies and industry coordinated acquisition programs

• Developments in open access publishing in UK Government

• Push to open access to scientific research - NIH,US NSF, Science Commons

• Gen X, Y and Z attitudes to file sharing, particularly music


Mature Approach to Licensing

PrintPrint

ViewView

RenderRender DerivativeDerivative

ExtractExtract

EmbedEmbed

TransportTransport

CopyCopy

MoveMove

LoanLoan

EditEdit

PlayPlay

AddValueAddValueShareShare

IntegrateIntegrate

The rights custodians/users want to give/have?


The only story more newsworthy than “man bites dog” has got to be “Bill Gates champions open sharing and collaboration.” His company’s … is now recognizing the virtues of the knowledge commons…. for AIDS research, at least.

Yesterday, the Bill & Melinda Gates Foundation announced that it would require that any researcher who accepts its grant monies for HIV/AIDS research will have to agree to share their scientific findings…. Posted by David Bollier on Fri, 21/7/2006

IS HELL FREEZING OVER? EVEN BILL GATES EMBRACES THE INFORMATION COMMONS

http://onthecommons.org/user/2?PHPSESSID=a44d7befd352fc7e61964a6e6d8c188c

http://onthecommons.org/user/2?PHPSESSID=a44d7befd352fc7e61964a6e6d8c188c


Stage 1 & 2 of Queensland WOG Information Licensing Review

• Identified non-standard and conflicting approaches to licensing and need for change

• Reviewed national and international initiatives on use and reuse of government information – Open Content Licensing

• Identified Creative Commons Licensing framework as best practice OCL

• Confirmed its legal validity


Stage 3

• Step 1 - Data Review and Legal Audit of strategic information within Government– Eight databases confirmed for CC (currently under closed

licences)– Draft Government Information Licensing Framework Toolkit

• Step 2 – Development and Testing of Creative Commons-like Restrictive License– Draft licence allowing interchange of restrictive conditions– The concept of “break glass only as last resort” to be

applied when choosing to use any of the restrictive conditions

• Step 3 – Development of Digital Licence Management Software– Confirmed that Digital Rights management software not

required– Developed DLM Injector Software

• Step 4 – Business Case for WOG implementation of GILF


CC + Restrictive = GILF Licences

Data Volumes

Open Content –Creative Commons

Closed Content –Restrictive Set


GILF Stage 4

• GILF Policy Statement (may require legislative changes)

• GILF Principles

• GILF Information Standard

• GILF DLM solution

• GILF Performance Framework


What is Creative Commons

• Licensing system that protects the intellectual property rights of the data creators whilst encouraging the sharing and re-use of that data

• Minimises administration with consistent and transparent legal framework for all information resources

• Can be applied to any information delivered in any media including text, books, film, photographs and music (digital or analogue)


What is Creative Commons

• Creative Commons defines the spectrum of between full copyright (all rights reserved) and the public domain (no rights reserved)

• CC licences allow creators to retain copyright, while inviting certain uses of the work, a "some rights reserved" copyright.

• Predetermined set of licensing terms and conditions

• “CC makes copyright active”


Licences are Clear and Simple

BY Attribution

BY-NC Attribution - Non Commercial

BY-SA Attribution - Share Alike

BY-ND Attribution - No Derivatives

BY-NC-SA Attribution - Non Commercial - Share Alike

BY-NC-ND Attribution - Non Commercial - No Derivatives


Licences are Interoperable

BY BY-NC BY-NC-ND

BY-NC-SA

BY-ND BY-SA

BY

BY-NC

BY-NC-ND

BY-NC-SA

BY-ND

BY-SA


Licensing are Easily Applied

Is commercial use allowed?

Attribution is a condition for all Australian Creative Commons licences.

Where a government owns a copyrighted piece of

information, attribution affirms the government’s right to be

acknowledged as the source of that information along with a legal right to license its use.

ATTRIBUTION SHARE ALIKE

ATTRIBUTIONNO DERIVATIVES

ATTRIBUTION

CREATIVE COMMONS INFORMATION LICENSING OPTIONS

No

ATTRIBUTIONNON-COMMERCIAL


NO DERIVATIVES


SHARE ALIKE

Are derivative products allowed?

No

Are derivative products to be restricted to a share-alike basis?

Yes

No

Yes

Yes

BY-NC-SA

BY

BY-SA

BY-ND

BY-NC

BY-NC-NDAre derivative products allowed?

No

Are derivative products to be restricted to a share-alike basis?

Yes

No

Yes


Licences are Understandable

Human-ReadableCommons Deed

Lawyer-ReadableLegal Code

Machine-ReadableDigital Code


Licence are Legally Valid – Legal Analysis


Licences are Widely Use

• Already over 299 million CC resources on net

• Google and Yahoo have a specific CC search

• 66,967 Australian CC resources


Use of CC


Use of CC - Digital Road Network


MIT Open CourseWare


Use of CC in Mozilla Web Browser


CC has a Second Life


GILF Policy

• assess and document legal issues in information products and services

– reduce the likelihood of misuse by custodians or customers

– reduce risk of legal liability for Government

• standardised licence formats make it easier

– information custodians (license information products and services)

– customers (clearly understand the lawful uses which they may make of the public sector information being licensed)


Policy principle 1

• identify and respect the Intellectual Property rights in information products of the Queensland Government

• include appropriate copyright notices which identify the State as owner of copyright in the product

– range of standards


Policy principle 2

• identify and respect the Intellectual Property rights of others, including information products and services that contain third party Intellectual Property

– audit questions


Policy principle 3

• determine the rights of use to be granted under a licence to all information products and services prior to publication

– licence selector


Policy principle 4

• apply standard licence terms and conditions to information products and services and make it easy for customers to understand the legal rights they have to use the information products and services– GILF: 6 CC (Australia)

licences + restrictive licence


Audit

• outputs and inputs– publication, report, database,

model, system/framework– one information product input, or

many information product inputs – a single data series, spatial

imagery, derived software

• uses and licences


Outputs and inputs

1. Who produced or created the information product input? all information came from within your agency?

mandate or authority and accountability under legislation, regulation or policy for the collection of the information product input on behalf of the State?

your agency is the publisher/distributor of the information product input?

from another government agency or created entirely within the State government?

commissioned by your agency using an external person or organisation or obtained in any other way from an external person or organisation?

obtained input under a contract or licence? material from a third party included to develop the information product

input in its current form?


Outputs and inputs

2. What restrictions apply? MoUs, contract or licence restrictions on use and/or release of information? material from a third party?

Has the external person or organisation secured from all other parties the necessary rights to enable your agency to use the information?

Are there third party rights or restrictions which would prevent your agency from licensing it? eg. copyright

statutory restrictions? security restrictions, including “commercial in confidence” ? personal information required to be protected under privacy obligations

imposed by legislation, common law or Information Standards? highly commercial with real potential to generate a significant commercial

return to agency for profit or to be commercially exploited by a commercialisation partner

has agency given all the rights to license the information product input to another organisation?


Uses and licences

• What uses can be made of the information product?– view?– copy?– distribute? – modify?– commercial uses? – charges? (statutory charges, licence fees, or cost of

provision)


Restrictive agreement clauses

• Names section• Recitals• Definitions and

Interpretations• DATA to be provided• Payment• Agency Representation• Intellectual Property• Confidential Information• Use and Disclosure of

Information• Privacy and Disclosure of

Personal Information• Distribution and Sales• Terms and Termination

Termination by SupplierDispute ResolutionCommercialisationIndemnity Additional ConditionsJurisdictionSurviving ObligationsForce MajeureEntire AgreementWaiverVariationNoticesDirect Marketing/PrivacySigningSchedule


GILF Toolkit

• Web based interactive guide to auditing and licensing your data prior to discovery or access.

• Being modelled on elearning environment developed for teachers and school students

• Proposal being submitted to CJCIOC to fund design and build


Digital Licence Management

• Development of Digital Licence Management (DLM) Injectors

• DLM Integration of Injectors in IQ Data Download Service

• Working with ABS and Landgate, WA


DLM Solution

• Purpose of the IT solution– Support digital license management – Not total information dissemination solution

• Being delivered through Project 3.05 Sub-project Demeter and Demeter Pliris


• What Benefits will we provide:– Easy link from data to licence – Find information based on its license

» Eg: free to use or share

– Clear licence branding on data

• How does Creative Commons provide these benefits?– Embedded licence metadata in files– Watermarking to include CC logos

Benefits of DLM


Sample MS Word


Sample View of Mozilla Browzer


Development Focus

• Focus of current work?– Need to get more data formats supported

for example spatial formats– Require an automated system to insert

licence metadata and watermarks in some cases

– System needs to be suitable for integration with web portals, web services, content management systems etc.


DLM Development Approach

• Approach– Partnering with Australian Bureau of Statistics

who are leading development of a reusable generic solution – Digital Licence Management Component

– The DLM component will be suitable for integration into portal applications and can be extended to support additional data formats

– Integration of Digital Licence Management into the Office of Economic Research website.


DLM Challenges

• Challenges– Vendor support for storage and display of

licence metadata in files– Establishing an collaborative environment

for software development and maintenance


DLM Solution in Summary

• The software solution is for licensing only

• Its going to associate licences closely with the data

• There are some challenges, but they will be overcome as support grows for CC licences.


Business Case Options for Implementing a GILF Solution

Non-standard licensing

Status quo

Unsupported GILF

Decentralised GILF

Centralised GILF

No

No

No

No

Yes

Licensing of PSI required?

Yes

Adopt GILF standardisation?

Yes

Provide GILF support?

Yes

Administer GILF centrally?

POLICYDECISIONS

IMPLEMENTATIONOPTIONS


Economic Effect of Licensing

• Economic costs of non-standard licensing is significance

• The economic value of reuse policies – USA v EU models

In AUD per annum (2000) Australia Queensland

Investment Value (IV) 2.0 billion 0.38 billion

Economic Value (EV) 80.5 billion 15.0 billion

Population[1] 19,071,000 3,562,000

In AUD per annum (2000) Australia Queensland

Investment Value (IV) 0.77 billion 0.14 billion

Economic Value (EV) 5.49 billion 1.0 billion

Population[1] 19,071,000 3,562,000


Strategic Risks

• Loss of business opportunities for Queensland;

• Direct losses through litigation related to copyright infringement, including the potential for some copyright infringement offence to invoke criminal penalties; and

• Losses due to inefficient cataloguing and metadata classification to manage public sector information as an asset.


Cost Benefit Analysis Outcome

OptionNet Benefit

(millions)

Operating Expense

(millions)

Net Budget Impact

(millions)

Status Quo -$25.2 $29.0 $0

Non-Standard Licensing

-$9.0 $37.1 $8.1

Decentralised GILF

$11.48 $14.3 $2.9

Centralised GILF

$7.9 $16.5 $5.0


Business Case - Analysis

• Queensland Government makes substantial expenditure in licensing and supplying public sector information (PSI) each year.

• The financial, cost-benefit/economic analysis and policy analysis indicated that Option Decentralised GILF is the only viable options for licensing PSI across the Queensland Government


Reaction to GILF in Qld

• Overwhelming demand for clear and simple licensing

• Overwhelming support from stakeholders in all levels of Government and private sector for a standard licensing framework

• GILF licences would support vast majority of data access and use transactions for Government agencies

• Business case shows positive financial, economic and policy outcomes for the Smart State


Need for National Approach

• 42 Ministerial COAG committees have a inter-jurisdictional data exchange requirement.– All Hazards Management to National

Water Initiative– Climate Change to National Road

Transport

• Preparing a submission to CJCIOC to develop a NILF Portal


Value of CC Licences to GILF

• Simple and Uniform• Legally Interoperable• Applicable in over 50 countries (through

iCommons Project)• User-accepted• Applicable to 85% of data• Technically interoperable• Applicable to Government environment• Legally tested


Way Forward

• Stage 4 - Trial in Queensland Treasury – currently CC licensed 6 products

• CRC-SI Project 3.5 – “Enabling Real Time Information Access in both Urban and Regional Areas”

• NWI – Project Plan endorsed by ESCAWRI, NRMSC and NWIC

• CJCIOC – Ministerial Online and Communication Council – National Information Sharing Strategy

• ABS considering the application of CC to website material

• Aust Government Office of Spatial Data Management are piloting CC adoption


Collaborators

• Australian Bureau Statistics• QUT (OAKLaw)• Information Queensland• Landgate• Cooperative Research Centre for Spatial Information • AGIMO (Online & Communication Ministerial Council)• Australia New Zealand Land Information Council • Geosciences Australia• National eHealth Transition Authority• eHealth Research Centre• Division of General Practitioners (Sunshine Coast)• US National Science Foundation• Microsoft• ESCAWRI• CJCIOC

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