Posted by
Russell McOrmond-2 on
Sep 23, 2008; 10:40pm
URL: http://civicaccess.416.s1.nabble.com/Show-your-support-for-open-gov-data-at-ibelieveinopen-ca-tp1231p1264.html
Heather Morrison wrote:
> As an illustration of why the legislation is needed. A bad and totally
> inappropriate example, but might convince a busy legislator who doesn't
> really have time to read and think about the details of every piece of
> legislation that comes their way.
I think this issue is entirely different than the US OA issue,
especially since the opposition is to an actual policy.
There is no visible anti-lobby in the case of releasing the PCFRF
data. If there is an "anti" group within government, for whatever their
reason is, they have not come forward. There is existing "cost
recovery" policy that is being (IMHO mis-)interpreted to mean they have
to charge for this data, and the bureaucrats claim their hands are tied.
This is an issue that nobody inside of government or parliament who
is in a position to actually make a better decision is even aware that
the problem exists.
There can't be a successful lawsuit for infringing this crown
copyright. Sure, there is a $value attached to this "product" offered
by Statistics Canada, but a lawsuit would only further expose the
stupidity of charging for this data and putting a draconian proprietary
license on it in the first place.
I guess I also have a basic feeling about the law. Either you obey
the law or you publicly break it because you disagree with it and want
it changed. Breaking the law and hiding the fact that you are breaking
it is just disobedience, not civil disobedience. If we then publicly
call deliberately breaking the law in secret "Guerilla Open Access" then
we will be giving the OA movement a bad name.
IE: I think it we want to ensure the OA movement retains a good name we
have only two options: obey current crown copyright and do not try to
gain access to this data illegally, or if we infringe copyright we do so
publicly.
That's my 2c anyway, and will now return everyone to their regularly
scheduled program ;-)
--
Russell McOrmond, Internet Consultant: <
http://www.flora.ca/>
Please help us tell the Canadian Parliament to protect our property
rights as owners of Information Technology. Sign the petition!
http://www.digital-copyright.ca/petition/ict/ "The government, lobbied by legacy copyright holders and hardware
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portable media player from my cold dead hands!"