Is USA government data open according to the Open Definition?

Over in the Open Data Index category, Nate asks about USA government open data and if it complies with the Open Definition.

I imagine this has been discussed in the past regarding submissions made to the Open Data Census. Can anyone assist @cosnate with his questions?

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I replied mentioning the proposed update for OD 2.1 to address public domain better.

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Wait, isn’t only the federal level in the US that has content and data automatically in the public domain? I think his question pertains only to state and local levels in the US (which may or may not be in the public domain).

I’ll respond to the original question. Short version here:

  • No, state/local isn’t formally in the public domain like US federal data is; but
  • Under Feist it may often be unprotected by copyright anyway.
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