CIPPIC - Municipal Data Licensing Canada

[Tracey P. Lauriault]

CIPPIC Open Licensing Projects

(http://www.cippic.ca/open-licensing/)

Creative Commons Licenses

CIPPIC is the Canadian home for the Creative Commons Canada licenses.  CIPPIC was involved in porting the original CC licenses to Canada, and remains involved in updating those licenses to their most recent version.

Municipal Data Licensing

CIPPIC is a strong supporter of Canadian municipalities making their data available for creative and innovative public use.  Current projects include

CIPPIC recently authored a review of the Ottawa Open Data Licensee, offereing recommendations for making the license more usable.

• CIPPIC, The Open Data Ottawa License:  A Review and Recommendations (September, 2010)

--
Tracey P. Lauriault
613-234-2805

[David Eaves]

Tracey,

Thank you for this.

On question that I'm confused about. In the document "A review and Recommendations" it says that in the PDDL there is "There is a low, albeit slightly higher, risk of liability because there are no contractual warranty disclaimers or exclusions of liability."

And yet, in the PDDL, section 5 says. Isn't this a contractual warranty disclaimer and an exclusion of liability?

5.0 Warranties, disclaimer, and limitation of liability

5.1 The Work is provided by the Rightsholder “as is” and without any warranty of any kind, either express or implied, whether of title, of accuracy or completeness, of the presence of absence of errors, of fitness for purpose, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to You.

5.2 Subject to any liability that may not be excluded or limited by law, the Rightsholder is not liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any use under this Document, whether by You or by anyone else, and whether caused by any fault on the part of the Rightsholder or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages. This exclusion applies even if the Rightsholder has been advised of the possibility of such damages.

5.3 If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of the Rightsholder.

On 10-11-15 10:43 AM, Tracey P. Lauriault wrote:

CIPPIC Open Licensing Projects

(http://www.cippic.ca/open-licensing/)

Creative Commons Licenses

CIPPIC is the Canadian home for the Creative Commons Canada licenses.  CIPPIC was involved in porting the original CC licenses to Canada, and remains involved in updating those licenses to their most recent version.

Municipal Data Licensing

CIPPIC is a strong supporter of Canadian municipalities making their data available for creative and innovative public use.  Current projects include

CIPPIC recently authored a review of the Ottawa Open Data Licensee, offereing recommendations for making the license more usable.

• CIPPIC, The Open Data Ottawa License:  A Review and Recommendations (September, 2010)

--
Tracey P. Lauriault
613-234-2805

_______________________________________________
open-government mailing list
[hidden email]
http://lists.okfn.org/mailman/listinfo/open-government

[Tracey P. Lauriault]

That would have been an awesome question for the meeting we had in Ottawa!

I will ask for clarification from CIPPIC - they are the authors!

Thanks for finding this.
t

On Mon, Nov 15, 2010 at 2:46 PM, David Eaves <[hidden email]> wrote:

Tracey,

Thank you for this.

On question that I'm confused about. In the document "A review and Recommendations" it says that in the PDDL there is "There is a low, albeit slightly higher, risk of liability because there are no contractual warranty disclaimers or exclusions of liability."

And yet, in the PDDL, section 5 says. Isn't this a contractual warranty disclaimer and an exclusion of liability?

5.0 Warranties, disclaimer, and limitation of liability

5.1 The Work is provided by the Rightsholder “as is” and without any warranty of any kind, either express or implied, whether of title, of accuracy or completeness, of the presence of absence of errors, of fitness for purpose, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to You.

5.2 Subject to any liability that may not be excluded or limited by law, the Rightsholder is not liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any use under this Document, whether by You or by anyone else, and whether caused by any fault on the part of the Rightsholder or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages. This exclusion applies even if the Rightsholder has been advised of the possibility of such damages.

5.3 If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of the Rightsholder.

On 10-11-15 10:43 AM, Tracey P. Lauriault wrote:

CIPPIC Open Licensing Projects

(http://www.cippic.ca/open-licensing/)

Creative Commons Licenses

CIPPIC is the Canadian home for the Creative Commons Canada licenses.  CIPPIC was involved in porting the original CC licenses to Canada, and remains involved in updating those licenses to their most recent version.

Municipal Data Licensing

CIPPIC is a strong supporter of Canadian municipalities making their data available for creative and innovative public use.  Current projects include

CIPPIC recently authored a review of the Ottawa Open Data Licensee, offereing recommendations for making the license more usable.

• CIPPIC, The Open Data Ottawa License:  A Review and Recommendations (September, 2010)

--
Tracey P. Lauriault
613-234-2805

_______________________________________________
open-government mailing list
[hidden email]
http://lists.okfn.org/mailman/listinfo/open-government

_______________________________________________
CivicAccess-discuss mailing list
[hidden email]
http://lists.pwd.ca/mailman/listinfo/civicaccess-discuss

--
Tracey P. Lauriault
613-234-2805

[Tracey P. Lauriault]

David E:

Response from David F.

Yes, David is correct - section 5 of the PDDL includes a warranty disclaimer - Not sure how we missed that - it's not a long license! 

 

I'll revise that section of the Report and update it on the site.

 

As soon as updated I will re-send!

Anything else anyone/

Cheers
t

On Mon, Nov 15, 2010 at 3:03 PM, Tracey P. Lauriault <[hidden email]> wrote:

That would have been an awesome question for the meeting we had in Ottawa!

I will ask for clarification from CIPPIC - they are the authors!

Thanks for finding this.
t

On Mon, Nov 15, 2010 at 2:46 PM, David Eaves <[hidden email]> wrote:

Tracey,

Thank you for this.

On question that I'm confused about. In the document "A review and Recommendations" it says that in the PDDL there is "There is a low, albeit slightly higher, risk of liability because there are no contractual warranty disclaimers or exclusions of liability."

And yet, in the PDDL, section 5 says. Isn't this a contractual warranty disclaimer and an exclusion of liability?

5.0 Warranties, disclaimer, and limitation of liability

5.1 The Work is provided by the Rightsholder “as is” and without any warranty of any kind, either express or implied, whether of title, of accuracy or completeness, of the presence of absence of errors, of fitness for purpose, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to You.

5.2 Subject to any liability that may not be excluded or limited by law, the Rightsholder is not liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any use under this Document, whether by You or by anyone else, and whether caused by any fault on the part of the Rightsholder or not. This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages. This exclusion applies even if the Rightsholder has been advised of the possibility of such damages.

5.3 If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of the Rightsholder.

On 10-11-15 10:43 AM, Tracey P. Lauriault wrote:

CIPPIC Open Licensing Projects

(http://www.cippic.ca/open-licensing/)

Creative Commons Licenses

CIPPIC is the Canadian home for the Creative Commons Canada licenses.  CIPPIC was involved in porting the original CC licenses to Canada, and remains involved in updating those licenses to their most recent version.

Municipal Data Licensing

CIPPIC is a strong supporter of Canadian municipalities making their data available for creative and innovative public use.  Current projects include

CIPPIC recently authored a review of the Ottawa Open Data Licensee, offereing recommendations for making the license more usable.

• CIPPIC, The Open Data Ottawa License:  A Review and Recommendations (September, 2010)

--
Tracey P. Lauriault
613-234-2805

_______________________________________________
open-government mailing list
[hidden email]
http://lists.okfn.org/mailman/listinfo/open-government

_______________________________________________
CivicAccess-discuss mailing list
[hidden email]
http://lists.pwd.ca/mailman/listinfo/civicaccess-discuss

--
Tracey P. Lauriault
613-234-2805

--
Tracey P. Lauriault
613-234-2805