License approval request: "Open Government Data License Taiwan 1.0"


#1

Hi! I’m Taiwan’s Digital Minister and I’d like to ask if it’s possible to add Taiwan’s OGDL to http://opendefinition.org/licenses/ ?

1. Link to the full text of the license

http://data.gov.tw/license

The official English translation is provided in the latter part of the webpage.

2. Rationale for the “Open Government Data License Taiwan”

The main purpose for finalizing the “Open Government Data License Taiwan” is to introduce a general public license that can be adopted easily by most of the Taiwan government agencies, for it is provided by the government itself that shall ease the uncertainties in a leverage, and is also conformant with the principles laid out in the Open Definition.

Under the “Open Government Data License Taiwan”, the Data Providing Organization grants every User a perpetual, worldwide, non-exclusive, irrevocable, royalty-free copyright license to make use of the provided data for any purpose without copyright restrictions.

3. Explanation about how the license may be used

The licensors defined in the “Open Government Data License Taiwan” are actually not limited to the Taiwan government agencies, and the license provided under the “Open Government Data License Taiwan” is clearly stated to be sublicensable, theoretically, the licensees can relay the license they have under the same “Open Government Data License Taiwan” in the subsequent use to others.

However, the title of the License has been inherent in the word as “Government Data”, in practice this License might just be deemed specific to the jurisdiction of Taiwan or that can only be used by the Taiwan government agencies as data providers.

Due to the facilitating purpose to the Taiwan government agencies, the title “Government Data” shall be remained, and if the forum to be held by the Open Definition Advisory Council is going to categorize the “Open Government Data License Taiwan” as “non-reusable” because of the title, it shall be understandable and acceptable.

4. Compare and contrast to the most similar approved as OD-conformant licenses.

Open Government Licence United Kingdom 2.0 and 3.0 are the most similar approved licenses to the “Open Government Data License Taiwan”. The crucial point is that although there have been the choice of law clause and government title introduced and presented in the License, yet it is also embedded a one-way transition clause that allows users apply all the data provided originally under the “Open Government Data License Taiwan” in the way that permits by the Creative Commons Attribution License 4.0 International hereafter.

5. Explain the benefit the new license brings over already approved OD-conformant licenses which would outweigh the costs of license proliferation?

The direct and notable benefit of the “Open Government Data License Taiwan” is to make the data released by the Taiwan governmental agencies in a reliable way conformant to the Open Definition.

Before the “Open Government Data License Taiwan” is finalized, quite a number of Taiwan governmental agencies were providing the data in a non-transferable and revocable way because that’s the traditional method that the agencies are familiar with.

Civic groups in Taiwan that promote Open Data tried to introduce and persuade the agencies to apply other already approved OD-conformant licenses such as Creative Commons Licenses in CC BY or CC BY-SA, yet the progress is not efficient and the achievement is varied with different officials in charge among central and local governments and even make the license proliferation a situation that has to be managed just between central and local governments in Taiwan.

The “Open Government Data License Taiwan” has a merit in easing this situation, it helps to make the central government and local government in Taiwan to apply for an unified general public license and also facilitates the users can apply CC BY 4.0 license to these provided data when necessary. Under the “Open Government Data License Taiwan”, most of the data projects provided in data.gov.tw can be used under CC BY 4.0, Such as the 20-year ongoing “CNS 11643 Chinese Standard Interchange Code Project” that helps people to type rare Chinese characters, has been released under the “Open Government Data License Taiwan” and now be submitted upstream to the Debian/Ubuntu Linux repository.

The Debian Linux community has recognized that the CNS 11643 project can be applied under CC BY 4.0 on the one-way transition clause of the “Open Government Data License Taiwan”: https://launchpad.net/ubuntu/+source/fonts-cns11643/98.1+20150923-2

6. Identify which recommended conformant licenses the new license is compatible with, and how?

The “Open Government Data License Taiwan” is compatible with the Creative Commons Attribution License 4.0 International on a one-way transition clause predefined. The precise wording for this mechanism is listed below:

“The License is compatible with the Creative Commons Attribution License 4.0 International. This means that when the Open Data is provided under the License, User automatically satisfies the conditions of this License when he/she makes use of the Open Data in compliance with the Creative Commons Attribution License 4.0 International thereafter.”

7. Provide a link to any public drafting process for the license.

https://g0v.hackpad.com/ep/pad/static/Taiwan_open_government_data_license_citizens_community_version

The drafting of the “Open Government Data License Taiwan” was initially a collaboration project launched in December 2014 as one of the g0v - civic hacking activities. The discussion and revision of the draft can be observed and studied by the hackpad page listed above.

Then it is introduced to the officials in charge of the National Development Council and be moderated by a Minister without Portfolio of Executive Yuan and finally published in July 2015 on the official data portal of Taiwan - data.gov.tw.


Announcement: "Open Government Data License Taiwan 1.0" approved
Announcement: "Open Government Data License Taiwan 1.0" approval
#2

[I send this over e-mail. Hope it goes well.]

Hi, all,

I take a quick look at the Taiwan’s OGDL
(Open Government Data License)

http://data.gov.tw/license

and do an exercise for myself to see if
it meets Open Definition 2.1

http://opendefinition.org/od/2.1/en/

in particular w.r.t Section “2.1 Required Permissions”.

For the 9 “required permissions” in Open Definition 2.1,
I look for the corresponding sections/phrases in the
Taiwan’s OGDL. I summarily list them in the following.


== 2.1.1 Use ==
http://opendefinition.org/od/2.1/en/#use

while in the Taiwan’s OGDL:

2.1. The Data Providing Organization grants User a perpetual, worldwide, non-exclusive, irrevocable, royalty-free copyright license to reproduce, distribute, publicly transmit, publicly broadcast, publicly recite, publicly present, publicly perform, compile, adapt to the Open Data provided for any purpose, including but not limited to making all kinds of Derivative Works either as products or services.

related key text:

“… royalty-free copyright license to reproduce, distribute,
… compile, adapt to the Open Data provided for any purpose,
including but not limited to making all kinds of Derivative
Works either as products or services.”

Here the term “Open Data” in the above is defined as

1.3. “Open Data” means data that the Data Providing Organization owns its copyright in whole or has full authority to provide it to third parties in sublicensing way, and provides it in an open and modifiable form such that there are no unnecessary technological obstacles to the performance of the licensed rights, including but not limited to the following creation protected by copyright:

in the Taiwan’s OGDL.

== 2.1.2 Redistribution ==
http://opendefinition.org/od/2.1/en/#redistribution

while in the Taiwan’s OGDL:

2.1. The Data Providing Organization grants …

related key text:

“… to reproduce, distribute … for any purpose, …”

== 2.1.3 Modification ==
http://opendefinition.org/od/2.1/en/#modification

while in the Taiwan’s OGDL:

2.1. The Data Providing Organization grants …

related key text:

“… to … adapt … for any purpose, including …
all kinds of Derivative Works …”

== 2.1.4 Separation ==
http://opendefinition.org/od/2.1/en/#separation

while in the Taiwan’s OGDL:

2.1. The Data Providing Organization grants …

related key text:

“… to … adapt … for any purpose, including …
all kinds of Derivative Works …”

== 2.1.5 Compilation ==
http://opendefinition.org/od/2.1/en/#compilation

while in the Taiwan’s OGDL:

2.1. The Data Providing Organization grants …

related key text:

“… to … compile … for any purpose, including
… all kinds of Derivative Works …”

== 2.1.6 Non-discrimination ==
http://opendefinition.org/od/2.1/en/#non-discrimination

while in the Taiwan’s OGDL:

2.1. The Data Providing Organization grants …

related key text:

“… grants User a perpetual, worldwide, non-exclusive, irrevocable, royalty-free copyright license to … for any purpose, …”

Here the term “User” in the above is defined as

1.2. “User” refers to individual, legal entity or group that receives and uses Open Data under the License, including individual, legal entity or group who is receiving and using Open Data as the recipient of the former Users under the sublicensing scenario.

in the Taiwan’s OGDL.

== 2.1.7 Propagation ==
http://opendefinition.org/od/2.1/en/#propagation

where in the Taiwan’s OGDL:

2.2. User can sublicense the copyrights which he/she is granted through 2.1. to others.

== 2.1.8 Application to Any Purpose ==
http://opendefinition.org/od/2.1/en/#application-to-any-purpose

where in the Taiwan’s OGDL:

2.1. The Data Providing Organization grants …

related key text:

“… to reproduce, distribute … compile, adapt … for
any purpose, including but not limited to making all
kinds of Derivative Works either as products or services.”

== 2.1.9 No Charge ==
http://opendefinition.org/od/2.1/en/#no-charge

where in the Taiwan’s OGDL:

2.1. The Data Providing Organization grants …

related key text:

“… royalty-free copyright license to …”


I shall first note that I view the Taiwan’s OGDL license
as a copyright license. “Open Data”, as defined in
Section 1.3 in the license, refers to what the licensor
"owns its copyright in whole or has full authority
to provide it to third parties in sublicensing way".
Also, in Section 2.1 in the license, the licensor
"grants a … royalty-free copyright license …".

It shall be noted as well that there is no sui generis
database rights in Taiwan. It is not clear to me what
rights a governmental agency in Taiwan can claim
to the (non-copyrightable) datasets it releases to the
public (whether they are under the Taiwan’s OGDL license,
or not).

Nevertheless assuming that the Taiwan’s OGDL is used
only for copyrightable materials, of the 9 “required
permissions” in Open Defintion 2.1, I only find
a potential issue about the “propagation” requirement:

http://opendefinition.org/od/2.1/en/#propagation

The rights attached to the work must apply to all to whom it is redistributed without the need to agree to any additional legal terms.

The Taiwan’s OGDL allows sub-licensing:

2.2. User can sublicense the copyrights which he/she is granted through 2.1. to others.

For me the above does not explicitly prohibit a sub-licensor to
impose additional legal terms when redistributing the materials
s/he received under the Taiwan’s OGDL.

I have not looked into other matters in the Taiwan’s OGDL license.

best,
Tyng-Ruey


#3

@trc thanks for the thorough analysis and @audreyt for the complete submission. I don’t see any problem for conformance with this license.

5. Cessation of Data Providing is a bit odd for a public license (more akin to a provider’s ToS) but is not a limit or condition for licensees, so doesn’t matter for conformance.

@herb_lainchbury what do you think about moving ahead with the approval process for this license?


#4

Skimming quickly, I see no reason for concern but could discuss any items that jump out to others.


#5

I have reviewed the submission and find it to be complete and think the we have everything we need to proceed with the approval process. Thank you to @audreyt for the complete submission.

Big thanks as well to @trc for the analysis.

I call on all advisory council members and other community members to please review the license and discuss any issues / concerns / suggestions that you may have in this thread. If you have reviewed the license and see no issues at all, we’d like to know that as well.

Thank you!


#6

I doubt many are actively following this forum, so trying to ping members of the Open Definition Advisory Council:

  • @badapple
  • Rachel Bruce does not appear to have an account
  • @ldodds
  • Jordan Hatcher does not appear to have an account
  • @tkb
  • herb_lainchbury already appeared in thread
  • mlinksva already appeared in thread
  • Kent Mewhort does not appear to have an account
  • Federico Morando does not appear to have an account
  • @petermr
  • @rufuspollock
  • Andrew Stott does not appear to have an accountdirdigeng appears in thread below
  • @Luis
  • @tvol
  • Jo Walsh does not appear to have an account
  • wolftune already appeared in thread

#7

I’m on this forum - although mailing lists worked better for me!

Subject to the views of others, I would be content to approve. The ability to use CC BY 4.0 as an alternative is a good way of demonstrating compatibility!


#8

Well, feck, I thought I was getting email notices of posts here, but apparently not.

I’ll try to take a look at this tomorrow.


#9

+1 for approval of the license


#10

Did you reach out to the missing ones via email? If not, I can do that.


#11

I haven’t reached out to the missing ones.


#12

They only thing that seemed a bit off to me at first is the “Disclaimer” section, specifically 6.3. Strictly in terms of conformance it’s not problematic as it does not impose any additional agreement nor does it impose any restrictions. I read it as simply a warning of the potentially serious consequences of intentional or negligent misconduct. After having thought about it some more, I think it’s reasonable even constructive to proactively inform users of potential liabilities and doesn’t violate the definition.

To address the concern @trc raises about sub-licensor’s potentially imposing additional legal terms downstream: The definition does not require licenses to prohibit sub-licensors from imposing additional legal terms, though it does all allow them to do so (OD 2.2.3 - Share Alike and OD 2.2.7 - Non-agression). The fact that this license doesn’t impose any such restrictions on sub-licensors is not a problem for it’s conformance as far as I can see.

I also agree with @mlinksva about 5. Unusual, but not a problem for conformance.


#13

I have reached out to the missing Council members.


#14

So far I see no issues being raised. I will give it a few more days and then if we still don’t have any issues raised on this list I will consider the silence a consensus for Approval and will summarize that here and to other relevant venues. This will complete steps 1 and 2 in the Open Definition License Approval Process.


#15

Hi, I’ve reviewed and I’m :thumbsup: I also discussed this briefly in person with @audreyt when in Taiwan :smile:

Rufus

[Apologies for the slow reply - I have been travelling intensively in last 1.5m and was not getting these notifications]

PS: :clap: to @herb_lainchbury for reaching out and to @trc and @mlinksva for the analysis


#16

Apologies for the slow response here.

After reading the comments I’m +1 on approving the licence. The CC-BY 4.0 compatibility is definitely good to see.

Cheers,

L.


Announcement: "Open Government Data License Taiwan 1.0" approval
#17

Having waited a week since my last update, stating that we would wait for any issues to be raised, I now believe that we have a consensus that the “Open Government Data License Taiwan 1.0” approval process can proceed to step 3 of the process.

The license was originally submitted for approval on February 6, 2017 by @audreyt who provided the license in it’s original form along with an English translation and all of the relevant related information that we request submitting parties provide when requesting license approval.

Several readers have generously provided comments in this thread and several others have indicated their approval for the license to go to vote for formal approval. No issues have been raised to date and the feedback has been generally positive.

We are now circulating this summary more broadly to solicit input from others and give the opportunity to raise any issues. If within two weeks from today no issues have been raised which indicate anything other than consensus for approval, I, as acting chair, will call for formal approval by the Open Definition Advisory Council (Step 4 of the process).


#18

Should I tweet about this to get more feedback from people outside of this group or is this not necessary?


#19

I think more feedback is better. As far as I know, we’ve only ever been
criticized for not being vocal enough.

So, yes please, that would be appreciated.

Thanks for asking,
Herb


#20

Two weeks have passed since circulating the summary to the broader audience as per Step 3 of the License Approval Process.

No issues have been raised that indicate further discussion is needed.

This completes step 3 and we’re now on the final step of the process, which is the formal vote.

I am therefore requesting that all Advisory Council members vote now to indicate whether they agree that the “Open Government Data License Taiwan 1.0” conforms to the Open Definition (v 2.1).

We will continue counting votes for up to two weeks from now or until we have enough +1s that it would be impossible for -1s to overturn.

+1 from me.

Thank you for your participation.