In Poland, this Directive was used to change the status of all of the data
already available on the CC-BY license to the CC-BY-NC-ND 🙃

According to the Polish authorities, the CC-BY-NC-ND license is also a
"free license".

Sad cheers,

sob., 22 cze 2024 o 15:50 Jan Ainali <[email protected]> napisaÅ‚(a):

> Unfortunately, the Swedish tranposition made it explicit that unless the
> data was already free thanks to other laws, this law can not be used to
> make it so. (§2)
>
>
> https://www.riksdagen.se/sv/dokument-och-lagar/dokument/svensk-forfattningssamling/lag-2022818-om-den-offentliga-sektorns_sfs-2022-818/
>
> Jan Ainali
> https://aina.li
> https://govdirectory.org
>
>
> Den lör 22 juni 2024 kl 13:38 skrev Mathias Schindler <
> [email protected]>:
>
>> Hi everyone.
>>
>> Some might remember the 2019 recast of the EU PSI Directive (which is now
>> also called Open Data Directive) which has a nice round number EU/2019/1024
>> (https://eur-lex.europa.eu/eli/dir/2019/1024/oj). As a directive, it has
>> been transposed in EU member states and is also transposed/about to be
>> transposed into the EFTA states.
>>
>> I was involved in the 2019 recast as a member of the staff of MEP Felix
>> Reda who wrote the opinion in the IMCO committee of the European Parliament
>> (the leading committee was ITRE:
>> https://www.europarl.europa.eu/doceo/document/A-8-2018-0438_EN.html#_section8
>> )
>>
>> The Directive has both a general principle on the reuse of content but
>> also paragraph about how to process requests for re-use.
>>
>> Germany transposed the PSI-OD-Directive into the "Datennutzungsgesetz" in
>> 2021 but left out the processing part for requests for re-use. I spoke to a
>> civil servant in the responsible ministry who was involved in the drafting
>> process and she stated that this was by design. Since the "general
>> principle" on re-use applies, there would be no use for requests any more.
>> This idea has been rejected by academic literature which still claims that
>> the possibility for requests remain embedded in the law
>>
>> Long story short: After reading the literature, the directive and the
>> law, I believe that Germany has introduced a law that would allow
>> liberating content for re-use under license terms compatible with Wikimedia
>> projects.
>>
>> For a few weeks now, I have put this theory to the test and I have
>> applied for usage rights for various government documents, pictures etc.
>> This has been largely successful, but not without hickups. People in the
>> administration are usually confused by these requests and it takes them a
>> while to process them.
>>
>> I would be interested to learn if anyone else in any other EU/EFTA state
>> has ever used the PSI-OD-Directive (and the transposed law) to force
>> government entities to release content under a free license.
>>
>> This was the most concise way of describing this for me. I left out many
>> details in order to not turn this into a long paper. I am happy to
>> elaborate on details if requested.
>>
>> Mathias
>>
>> (there are some exceptions in the directive. GLAM institutions are not
>> fully within the scope of all parts of the directive and it is not as
>> simple to simply go to a museum or a library and tell them to give you a
>> license for stuff they own. Public broadcasting it also out of scope)
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Cheers,
--


Maciej Artur Nadzikiewicz (He/him)

Wikimania 2024 Poland – Team Lead

Wikimedia Europe Board Member

Wikipedia Administrator

User:Nadzik <https://meta.wikimedia.org/wiki/User:Nadzik>
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