Dear Maciej, thank you for this (a bit surprising) information. The directive is clear in the direction that cc-by-nc-nd is not good enough given the definition of reuse (including for commercial purposes) and the requirements for any conditions.
Would you happen to have an example for a file, document or piece of data that is now released under such a restrictive license? Mathias On Sat, Jun 22, 2024 at 4:19 PM Wikipedysta Nadzik < [email protected]> wrote: > 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]> napisał(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) >>> _______________________________________________ >>> Publicpolicy mailing list -- [email protected] >>> To unsubscribe send an email to [email protected] >>> >> _______________________________________________ >> Publicpolicy mailing list -- [email protected] >> To unsubscribe send an email to [email protected] >> > > > 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> > _______________________________________________ > Publicpolicy mailing list -- [email protected] > To unsubscribe send an email to [email protected] >
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