Top-down or Bottom-up

Approach for Legal Standards?

Donatella Solda-KutzmannLAPSI - Warsaw 2011

key words

•top-down: territorial uniformity, automatic adoption, fragmentation

•bottom-up: inertia of PSIH, critical mass, social acceptance, endorsement

top-down v. bottom-up

•either approach will mirror the specific local practice

•shall take into account the interests of the stakeholders

IGF Nairobi Sept. 2011

In the cross-border context the need for a standard licence that is both human and machine readable that is consistent across UN Member States with respect to the conditions that the public sector data may be used is vital if innovative products and services are to evolve and to flourish.

This is particularly important in a multi-lingual environment such as that which prevails at the global level and even within economic groupings of UN Member States such as the EU where there are 23 official languages.

EU Digital Single Market

“A possible first step towards enhanced licensing efficiency would be the creation of a streamlined pan-European and/or multi-territory licensing process.”

Creative Content in a European Digital Single Market: Challenges for the Future A Reflection Document of DG INFSO and DG MARKT 22 October 2009

Creative Content in a European Digital Single Market: Challenges for the Future A Reflection Document of DG INFSO and DG MARKT 22 October 2009

Top-down?• UK Open Government Licence

• Australia - Australian Government Open Access and Licensing Framework

• Canada: Open Data Licence Agreement for Unrestricted Use of Canada's Data

• France: Licence simplifiée « information publique librement réutilisable »

http://donneeslibres.info/opendataFR.pdf

• Italy: IODL

• New Zealand: New Zealand Government Open Access and Licensing (NZGOAL) framework

• Norway Norsk lisens for offentlige data (NLOD)

bottom-up?

•interoperability: open movement

•standardization: Creative Commons

bottom-up?

CC sets of licences

•ported - interoperability

•unported - standard

interoperability vs standard

top-down licences from public bodies

standard in a given territoryinteroperability cross-border

top-down “interoperable” with the standard proposed bottom up

standard

bottom-up licences standard cross-border