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1 Harmonising Open Licences in the European Union: “Been there, done that. What’s next?” Bastiaan van Loenen, Katleen Janssen, Kotryna Valeckaite, Glenn Vancauwenberghe [email protected]

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Page 1: Licencesin the European Union: there, done that. What’s next?” · Katleen: Did you know that all organisations use their own unique (restrictive) licences? 8 Restrictions on the

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Harmonising Open Licences in the European Union: “Been there, done that. What’s next?”Bastiaan van Loenen, Katleen Janssen, Kotryna Valeckaite, Glenn Vancauwenberghe [email protected]

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Once upon a time…

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2006

“Not only is the geo-information difficult to find as it isscattered throughout the different government agencies, buteach agency also applies different licence conditions andpricing models.”

EC GI/GIS conference Innsbruck 2006

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In 2011, there was a museum, a museum of licences

Museum of

Licences

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Katleen: And now, would you like to see a

very special piece from our collection? We’re very proud of it!

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INSPIRE licences

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Katleen: Did you know that all

organisations use their own unique (restrictive) licences?

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Restrictions on the use

• Attribution + year• No third party distribution• Only for internal use/ only within the

Customer’s own organisation• Contractor’s clause• Means of access: Downloading, viewing,

e-transmission, etc.• No sublicensing• Non-disclosure/ Unauthorised use• Limitation on number of copies• Limitation on number of views• Limitation on number of users/

computers etc.

• No direct marketing• Viral clause: share-alike• No derivative works/ No changes to

original work• Copy derived/ non-copy derived• Only private use• Only for activity Y• Only for purpose Z

Page 9: Licencesin the European Union: there, done that. What’s next?” · Katleen: Did you know that all organisations use their own unique (restrictive) licences? 8 Restrictions on the

9Giacomo Martirano

(SmeSpire/Epsilon Italia)

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2011

“attention for legal interoperability and a standard for geo‐information are starting to emerge, also influenced by the growing interest of the policy makers and public bodies in open data“ (Janssen et al. 2011).

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2011 initiatives on licence harmonisation

• Creative Commons• INSPIRE basic and specific licence• GeoShared in Netherlands• Musterlizenzvereinbarung, Germany• GILF in Queensland, Australia• GeoConnections, Canada• UK: OGL• SeaDataNet project• OneGeology project• GENESI project• ECOMET• ESDIN• …

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So we wondered…

• Has the harmonisation process of licences for spatial data arrived at the next level?

• Is the harmonisation a true international effort or limited to the individual Member States?

• Are bodies still reticent to move away from their existing licensing policy, their national legislation and their sectoral focus?

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Context

https://www.tudelft.nl/en/education/programmes/masters/geomatics/msc‐geomatics/

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This year’s assignment

Write a paper on the status of the open SDI in a European country1. develop an assessment framework for measuring the openness of 

spatial data infrastructures2. apply this framework to one European country 3. develop an implementation plan to arrive at a next level of an open 

SDI

4. Find and assess address data and topographic data (1:10k) the associated licence: can you find it and if so is it open and adhering to a (inter)national standard?

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The good news: more open address and topographic data (1:10k)

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Open licenceNo open licenceNo licence or dataset found

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Open licenceNot open licenceNo licence or dataset found

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More good news: often datasets come with an internationally interoperable licence

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Int. int. licenceNot int. int. licenceNo licence or dataset found

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Int. int. licenceNot int. int. licenceNo licence or dataset found

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CC licence

No CC licence

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From national to international licencing framework

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The bad news: still many licences (versions)

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• OGL 2.0 (33362)

• cc-by (16137)

• DL-DE-BY 2.0 (12474)

• CC-BY 4.0 (9877)

• notspecified (6026)

• FR-LO (5721)

• cc-by3 (4735)

• IODL 2.0 (4365)

• cc-zero (3941)

• Vlaamse Open Data Licentie (3296)

• cc-0 (3203)

• publiek-domein (2151)

• CC-BY3.0AT (1986)

• cc-nc (1889)

• cc-by-sa (1853)

• Other (Open) (1639)

• None (1348)

• ODC-ODbL (1185)

• Other (Public Domain) (1154)

• DL-DE-ZERO 2.0 (1111)

• geonutz be 2013 10 01 (1021)

Europeandataportal.eu

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More bad news: the INSPIRE portal

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Searching for open data?

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Where is the licence?

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Where is the licence?

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Language

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The good news: looking back

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Each organisation has its own unique set of

licences

Standard development: licences

2006

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Each organisation has its own unique set of

licences

Standard development: licences

20112006Harmonisation at national level:

- GeoShared in Netherlands- Musterlizenzvereinbarung, Germany

-Datenlizenz Deutschland- GILF in Queensland, Australia

- GeoConnections, Canada- Piedmonte, Region in Italy

- UK: OGLTransparency/ harmonisation in sector:

- INSPIRE licences-SeaDataNet project- OneGeology project

- GENESI project- ECOMET

- GEOSS initiativeESDIN

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Each organisation has its own unique set of

licences

A single licencing framework for GI?

Creative Commons: AT,CY, ES,SE,EE,FI, IT,

NL,NO,RO,SL,..

International harmonisation

- CC compatible licences:UK, FR, B

Standard development: licences

201120062017

Harmonisation at national level:- GeoShared in Netherlands

- Musterlizenzvereinbarung, Germany-Datenlizenz Deutschland

- GILF in Queensland, Australia- GeoConnections, Canada- Piedmonte, Region in Italy

- UK: OGLTransparency/ harmonisation in sector:

- SeaDataNet project- OneGeology project

- GENESI project- ECOMET

- GEOSS initiative- ESDIN

2017

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What is next for INSPIRE?

• Apply a ‘comply or explain’ policy: a standard internationally interoperable licence should be used unless this is not possible

• Change the free text field in the INSPIRE metadata for ‘Conditions Applying to Access and Use’ to a standard dropdown menu listing the most common licences and an other field where the licence can be specified

• Require a permanent link to the licence (text(s))

• Allow for and standardise searching for open data in the INSPIRE portal

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In 2025…

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The museum of licences

Museum of

Licences

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One standard

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The end…

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But be aware

“Legally open + not widely technically usable = closed in practice”Francisco J. Lopez‐Pellicer (Universidad Zaragoza) INSPIRE workshop open SDI/INSPIRE, d.d. September 4, 2017

“INSPIRE technically open, but do mind the governance approach”Maxim Chantillon, INSPIRE conference d.d. September 6, 2017

“Creative Commons licences are not that common”Kortryna Valeckaite, INSPIRE conference d.d. September 6, 2017

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Comments? Questions? Interested to contribute?

Let us [email protected]

Visit our website for the EU open SDI maphttp://kcopendata.eu/openSDI