---------- 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] -~----------~----~----~----~------~----~------~--~---
