City of Brampton Open Data Catalog

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City of Brampton Open Data Catalog

Tracey P. Lauriault
http://www.brampton.ca/en/City-Hall/OpenGov/Open-Data-Catalogue/Pages/Welcome.aspx

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Tracey P. Lauriault
Post Doctoral Fellow
Geomatics and Cartographic Research Centre
http://datalibre.ca/
613-234-2805
 

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Re: City of Brampton Open Data Catalog

Glen Newton
Unfortunately, this is not an Open license, so this is not Open Data:
"You agree to indemnify the City (its representatives and suppliers)
and hold them harmless from any and all claims and expenses, including
legal fees, arising from or relating to your use or misuse of any Open
Dataset or from any breach by you of these Terms of Use. For greater
clarification and without limiting the previous sentence, if the City
gets sued or is required to pay someone money because of something you
did or didn’t do with an Open Dataset, you agree to reimburse the City
for everything which you cause the City to suffer."

http://www.brampton.ca/EN/City-Hall/OpenGov/Open-Data-Catalogue/Pages/Terms-of-Use.aspx

As I have explained previously: April 9 2013 email to this list in
reference to the City of Banff license:

The license is NOT an Open Data license, so please do not put it on
the http://datalibre.ca/links-resources/ list.
Reasons: http://zzzoot.blogspot.ca/2010/07/its-not-open-data-so-stop-calling-it.html

The license also demands a blanket indemnification, which also makes
it _not_ an Open Data license, and imposes an unreasonable burden on
anyone using this data.

"Liability for Not Complying with Terms of Use - If, as a result of
your breach of these Terms of Use, the Town gets sued or is required
to pay someone money, you agree to protect the Town and reimburse the
Town for everything which you cause the Town to suffer. This means
that you agree to defend, indemnify, and hold harmless the Town and
all of its agents from any and all liabilities incurred in connection
with any claim arising from any breach by you of these Terms of Use,
including reasonable legal fees and costs. You agree to cooperate
fully in the defence of any such claim. The Town reserves the right to
assume, at its own expense, the exclusive defence and control of any
matter otherwise subject to indemnification by you. You agree not to
settle any matter without the written consent of the Town."

Until these things are fixed, it is NOT an Open Data license and
should not be referred as one.

-Glen

On Wed, Jul 3, 2013 at 7:40 AM, Tracey P. Lauriault <[hidden email]> wrote:

> http://www.brampton.ca/en/City-Hall/OpenGov/Open-Data-Catalogue/Pages/Welcome.aspx
>
> --
> Tracey P. Lauriault
> Post Doctoral Fellow
> Geomatics and Cartographic Research Centre
> https://gcrc.carleton.ca/confluence/display/GCRCWEB/Lauriault
> http://datalibre.ca/
> 613-234-2805
>
>
> _______________________________________________
> CivicAccess-discuss mailing list
> [hidden email]
> http://lists.pwd.ca/mailman/listinfo/civicaccess-discuss



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