Entry for National Laws / Taiwan

Open Data Index Global Open Data Index 2016
1

This is a discussion about the submission for National Laws / Taiwan.

The dataset has been relicensed under 系統訊息-全國法規資料庫 rather than TW-OGDL some time late 2016.

The license has additional requirement for users to submit derived works, and allow the MoJ to freely use any work based on the data (Article 3 Section 7). Hence this should not be classified as open license.

2

All national laws are in the public domain and the license had informed about the legal openness of data and the license is in line with Open Definition (2.2 Acceptable Conditions) that requires distributions of the work to remain under the same license so the government could use data or apps from users who used data opened by Ministry Of Justice to encourage the cooperation of public-private.

3

While the law texts are not subject to copyright per Copyright Act §9.I but the dataset listed here are under the MOJ’s license, where:

  • (Article 3 Section 5) requires all mobile apps making use of the data to “agree on promote government services upon MOJ’s requests”
  • (Article 3 Section 7) requires all derived works to be submitted to MOJ and made freely available for MOJ and its
    subordinate agencies.

These should be beyond the 2.2 Acceptable Conditions of the Open Definition.

Also Article 4 Section 2 states that once the dataset is no longer provided, all derived works must cease to be distributed. This makes the license not irrevocably permit the data to be used.