---------- Forwarded message ----------
From: "Kohl" <[EMAIL PROTECTED]>
To: "Green Youth Movement" <[email protected]>
Date: Wed, 19 Jul 2006 01:36:29 -0700
Subject: RTI and copyright

---This is a reply to an older message regarding using web-posted
government information and copyright issues therefrom---

Disclaimer: I'm not an expert on copyright law, or wikis.  But I also
have a bit more than passing interest in them, as well as the RTI.
That said:

Anivar> We have a few doubts/queries besides:
Anivar > The first one being, whether the wording of the tag is correct. Second,
Anivar >  Even if the images are copyrighted, can we use it under a) the *RTI
Anivar > **act*or b) fair use or c) public domain (with attribution)
Anivar > Thirdly, does the use
Anivar > of public domain in the policies stated above mean:
Anivar > "Works without any copyright restrictions" or "copyrighted
but available for
Anivar > public use (??)"

kohl > 1-3) I would default to using the images in the least-intrusive way.
kohl > To me, that would mean option (c), with the second meaning.  In
kohl > principle, the government should post the copyright restrictions on the
kohl > same page, so as to remove confusion.  But out of deference to innocent
kohl > content producers that may have licensed such material to the
kohl > government, I would follow this procedure.

What I suggest is As far as Govt is an Institution working with public money all
information it produces must be on public domain.

Anivar > Fourthly, If we can use the content under the *RTI
**act*/somehow, do Indian
Anivar > government sites allow commercial use + derivative use of their content
Anivar > (text/images).

Kohl > 4) I would assume they would not allow commercial use directly (i.e.,
Kohl > sale of the picture, or use of the picture to make t-shirts for sale)
Kohl > but would allow derivative use (see a picture of a field, make a
Kohl > judgment on what to plant in that field, benefit monetarily).  In any
Kohl > case, these 4 questions can be answered by using the RTI itself.  I
Kohl > would apply to the NIC, immediately, were I you.

It is only a personal opinion right? The policies that deal with
public information
must have a policy about usage that supports public interests.


Anivar > X files an application under *RTI **Act*.  The govt asks him
to pay Rs. 50/-
Anivar > (the amount fixed by the Govt. of Kerala, afaik) for the *information*,
Anivar > provided to him/her on a floppy.  The *information* is in a
format covered by a
Anivar > patent, and the software which can open the file provided by the
Anivar > government is available only for an exorbitant price.

Kohl > 5) (food for thought) It seems to violate the spirit, if not the letter
Kohl > of the RTI Act, 2005.  You will notice that information is supposed to
Kohl > be maintained in a computerized and accessible way, and that some info
Kohl > is supposed to be given suo motu (proactively) in the most convenient
Kohl > way possible (Section 4).  Also, this mischief could be worked around
Kohl > using the RTI Act, through the use of an "inspection".  Then, during
Kohl > the inspection, use the gov't software to view the file as you would
Kohl > like, then take a copy of the *processed* information.  We can discuss
Kohl > the details if you like.

Here question is on the term Accessible way.
The question actually points more at Data handling standards. Does
Indian Govt have any standard for handling digital data? Most of the
information is available under M$ word format.

Does govt believe that all people are rich enough to buy M$ office .
Or belive that people will use the pirated copies? Right to
information question must also address the question of publically
owned data standards.

If you need more information on open standards read the primer
Published by UNDP-APDIP's IOSN
http://www.iosn.net/open-standards/foss-open-standards-primer/

Kohl > This work is very important, even in the discussion phase.  Anyone with
Kohl > amiliarity with ISRO knows that they have a geosynchronous satellite
Kohl > above India whose resolution (picture quality) is much, much better
Kohl > than, for example, Google Earth.  This matters because such a
Kohl > satellite, and it's gathered *information* could be very useful in
Kohl > checking up on environmental degradation, etc.

But is any of these data are publically available? Frankly speaking
india is a country without having a publically available Geographic
boundaries as GPS points. These data with ISRO is not only a privilage
of people working on those institutes. At the same time Govt trys to
prevent Google earth in the name of terrorism when any such data
become available to public. As of the current censorship over
blogosphere

Anivar Aravind
http://movingrepublic.org

--~--~---------~--~----~------------~-------~--~----~
greenyouth mailinglist is the activist support mailinglist for kerala run by
Global Alternate Information Applications (GAIA)
To post to this group, send email to [email protected]
-~----------~----~----~----~------~----~------~--~---

Reply via email to