Creative Commons Aotearoa New Zealand discussion

[Jane Hornibrook <janehornibrook AT gmail.com>]

Hi Danyl,

You'll be glad to read that both the Australian Govt 2.0 taskforce document "Engage. Getting on with Government 2.0: Draft Report of the Government 2.0 Taskforce" and the New Zealand SSC's "Draft New Zealand Government Open Access and Licensing framework" recommend that the most permissive CC licence (BY) is used wherever possible.

Below is pasted some information from paragraph 7 of NZGOAL (CC BY 3.0 NZ), describing instances that might call for more restrictive CC or other licences. I guess point 3 is relevant to your comment here....

Restrictions

37  Neither the Open Access Principle nor the Open Licensing Principle applies where providing open access to and allowing re-use of information and data (in the case of non-copyright information and data) or licensing a copyright work with the Creative Commons Attribution (BY) licence (in the case of copyright works):

1. would or might be contrary to legislation, court order or specific government policy;
2. would or might constitute a breach of contract, breach of confidence, disclosure of a trade secret or other actionable wrong;
3. would be contrary to an agency’s own legitimate commercial or other interests (bearing in mind, however, that, with certain exceptions, it is generally not the business of government to commercialise its information, data or copyright works);
4. would result in the publication of a patentable invention for which the agency proposes or may wish to apply for a patent;[14]
5. would be contrary to the public interest (e.g., in having a single, authoritative and non-adapted data source);
6. would result in the release of incomplete information or data or an incomplete work where the agency considers, acting reasonably, that such release would be:
   • materially misleading;
   • likely to cause or contribute to material error on the part of recipients or licensees; or
   • otherwise problematic;[15]
7. would or might threaten the control over and/or integrity of Māori or other traditional knowledge or other culturally sensitive material;[16]
8. would or might jeopardise the economic or other potential to Māori or other indigenous groups of Māori or other traditional knowledge or other culturally sensitive material; or
9. would otherwise conflict with the existence of a good reason under sections 6 or 9 of the Official Information Act for withholding release of the information, data or work if the information, data or work were requested under that Act.

I understand that in both NZ and Australia, one of the biggest barriers to the most permissive licensing is often the need for cultural shift within departments.

On Sun, Feb 28, 2010 at 10:20 AM, <cc-nz-request AT lists.ibiblio.org> wrote:

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Today's Topics:

  1. Re: Victorian Government and CC (Danyl Strype)


---------- Forwarded message ----------
From: "Danyl Strype" <strypey AT riseup.net>
To: "Creative Commons Aotearoa New Zealand discussion" <cc-nz AT lists.ibiblio.org>
Date: Mon, 01 Mar 2010 00:30:03 +1300
Subject: Re: [Cc-nz] Victorian Government and CC
Kia ora koutou

Thanks for that Jane, great news for CC.

I'm curious as to whether the CC license being recommended for the public sector includes a non-commercial clause or not? I can see arguments for both sides. On the one hand, I think it's reasonable for people and entities making a private profit from information resources created with public funds to return some of that profit to the public purse. On the other hand, businesspeople are taxpayers too, and I can imagine them arguing (quite fairly) that they shouldn't have to may for this information twice.

Thoughts?
Nga mihi
Danyl

-- 
Jane Hornibrook
Creative Commons Aotearoa New Zealand
Ph  +64 4 472 9488
Cel +64 2761 98139
www.creativecommons.org.nz
A project of the Council for the Humanities
www.humanities.org.nz