Ah, I see what you mean now. Well, on the positive side the law states (2 ch. 5§) that unless there is a specific public interest, no restrictions can be made. Basically saying it is similar to CC0. I don't think this has been put to the test yet.
On Sat, Jun 22, 2024, 17:06 Mathias Schindler <[email protected]> wrote: > Dear Jan, > > this has been a source of confusion in Germany as well. The > PSI-OD-Directive states that the Directive does not create new rights of > access and relies on existing (member state laws) on access. > > However, this is a bit missing the point as the Directive is not about > access but about reuse. At least in Germany, getting access to documents > did not mean that you could re-use them. When combining an access law with > this PSI-OD-Directive, you take the existing access law with the right to > re-use. > > Mathias > > On Sat, Jun 22, 2024 at 3:50 PM Jan Ainali <[email protected]> wrote: > >> 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] >> > _______________________________________________ > Publicpolicy mailing list -- [email protected] > To unsubscribe send an email to [email protected] >
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