Re: opinion paper: scraped postalcode --> edid's legal

Posted by Tracey P. Lauriault on Oct 14, 2008; 6:11pm
URL: http://civicaccess.416.s1.nabble.com/opinion-paper-scraped-postalcode-edid-s-legal-tp1327p1340.html

hmm!  We were provided with advice that we may be able to get the postal code file from elections canada through an ATIP request.  we were also provided with an offer of assistance by an expert in this area to review our request and provided with tips on how to follow-up.  I will probably start to work on such a request, any one wanna help?  Should we make it a CivicAccess.ca request or an individual citizens's request?

Also, Michael Geist is a member of CivicAccess and is considered as one of the founders. (see http://civicaccess.ca/wiki/founders)  CIPPIC has also provided legal advice to community wireless groups, particularly ogWiFi and assisted with the drafting of a hotspot user agreement as well as incorporation documents that have been shared with groups in canada.  I think it might be interesting for civicaccess.ca to come up with a few strategic questions we would like a legal opinion on and see if they can help us out with a response and a course of action.  CIPPIC is really busy but sometimes they have law students and interns looking for projects.

We do not live in cool montreal :( but we can do some of the boring institutional work that can prove useful to civicaccess.ca.

Ciao
t

On Tum!e, Oct 14, 2008 at 1:46 PM, Jennifer Bell <[hidden email]> wrote:

Unfortunately, it's not 100% black and white.  Having seen the paper (dated April, 2005, wow!), the summary is basically:  'The legal status is unclear, but you're probably OK.'  The argument partly hinges on whether the scraped data set is 'original', which is admitted to be a subjective call.

However, here is a very, very intriguing quote, relevent to most here:

'Your activities appear to fall within a recognized "gap" in Canadian copyright law with respect to unoriginal compilations of data. Specialized database legislation in other jurisdictions might capture this sort of activity. In Canada, provided no other tortuous conduct (such as a trespass to chattels) accompanies your activities, such a taking is lawful.'

I would post the letter, but it's a private correspondance between the legal clinic and the sender, and I don't yet have permission.

The legal clinic was organized by the CIPPIC group at the Ottawa U law faculty, which seems like an excellent resource for you folks who are wondering about whether copies of particular scientific data sets are legal or not.

Jennifer

--- On Fri, 10/10/08, Daniel Haran <[hidden email]> wrote:

> From: Daniel Haran <[hidden email]>
> Subject: Re: [CivicAccess-discuss] opinion paper: scraped postalcode --> edid's legal
> To: [hidden email], "civicaccess discuss" <[hidden email]>
> Received: Friday, October 10, 2008, 3:07 PM

> Any chance they can merge back into this file? :)
>
> http://github.com/danielharan/canadian-postal-code-to-electoral-districts/tree/master
>
> Extracting that data from downloaded pages took far longer
> than
> expected, and there is data missing. Sanity checks and
> contributions
> would be welcome.
>
> d.
>
> On Fri, Oct 10, 2008 at 2:54 PM, Jennifer Bell
> <[hidden email]> wrote:
> >
> > I've just gotten an email from someone with a
> scraped (incomplete) postal code --> edid's data set.
>  He's had an opinion paper written by an Ottawa U legal
> clinic that his data set is free of any legal/copyright
> issues.  The data set is currently being used by a couple of
> non-profits.
> >
> > Will post more info when I get it.  Hopefully, the
> person who told me this will join the list himself.
> >
> > Jennifer
> >
> >
> >
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> >
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Tracey P. Lauriault
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