Friday, March 11, 2011

Why reuse of public data for commercial purposes must be free

The association LiberTIC Nantes, in France an indispensable source on the issue of open government data, released last week a note explaining why the reuse of public data for commercial purposes must remain free. This position argued, based on a conviction and vision, is not so easy to take, especially since the City of Nantes has just announced a different decision.

Everyone is free to test the model of choice, but we must measure the proponents of the economic equation in progress, as we said a few years ago already read the report on the intangible economy. LibertTIC arguments deserve in any case be heard with attention, particularly because they advance the debate.

For those who do not have already read, here. The announcement of the city of Nantes to make its data public pay for those who would make a commercial re-use has rekindled the debate: should you pay the business? This question has been settled abroad, where the national platforms and have local licenses free for all.

Some countries like New Zealand have also put in place systems for single license price. If multiple licenses coincide in France, the two initiatives OPENDATE French, Rennes and Paris, show many free licenses, including for commercial purposes. At LibertTIC, we argue that access to and reuse of public data, including for commercial purposes, must be free and here's why.

Map of cities, regions and councils involved in an outreach program of public data in France, maintained by LiberTIC. LiberTIC OPENDATE MOVEMENT DEFENDS FEES The OPENDATE is not any practice of providing data. The OPENDATE is an international movement based on the philosophy and principles.

Supported by the open source community by militants of the right of access to information and by proponents of open government, the two main actors of the Sunlight OPENDATE are Fundation United States and the Open Knowledge Fundation United Kingdom. The 10 principles of OPENDATE the pillars of the philosophy of the movement involves the following fundamental principle: to ensure that public data are accessible, usable and reusable by all.

Among the ten criteria for a given valve is open, including the notions of non-discrimination of users and the concept of abandonment of restrictive licensing and pricing that restrict the dissemination and reuse of data. These points make explicit the ultimate goal of OPENDATE. It is not just about creating platforms for public housing data (means), it is primarily to facilitate the appropriation of such data by third parties that give them meaning through the creation of services, discoveries, new information, etc.

(the end). Making the reuse of public data to a license fee is an obstacle to the recovery of data and thus is not OPENDATE principles of movement as it is defined. PRICING DATA IS LIMITED BY THE ACT The availability of public data in France is governed by a strict legal framework. The law of 17 July 1978 on the right of access to information allows everyone to access information created in the framework of a public service.

Sensitive data, such personal data to private, under Homeland Security, etc.. are obviously excluded from the provision. This law states that the reuse of public information may eventually lead to pricing, but again in a specific context: the fee may not exceed the cost of providing the data.

This legislation has been adapted to the Directive 2003/98/EC of the European Parliament and the Council of 14 November 2003 on the use of public sector information. Transposed into French law by Ordinance 2005/650 of 6 June 2005 and Decree No. 2005/1755 of 30 December 2005, it also states: "Public information, not personal, from government agencies or businesses Private operates a public service must be made available and used for commercial purposes or not, a non-discriminatory and non-exclusive, and at costs that do not exceed their cost of production.

"administrations can not hope to obtain financial gain on the sale of data. INVESTMENT ENTERS THE BUDGETS OF LOCAL Unlike a common fantasy, OPENDATE approach does not represent an investment unaffordable. Rennes had been reported € 20 000 from his pocket while it is true that this does not take into account the human and the overload point of the departments concerned the time of the launch (some estimate that 25% of their time work).

But the initial investment is in infrastructure, not in data dissemination. The effort is the beginning of the process with a starting budget to be defined. Yet communities have budget lines to fund employment subsidies, calls for proposals to develop the economy and entrepreneurship in their territories, they fund the creation of socially useful services, they invest in communication to enhance the attractiveness of their territory ...

and OPENDATE is a facilitator to achieve all these objectives. This is an extremely cheap lever to trigger effects felt in the territories, which should motivate utilities to support infrastructure sources of economic and social development. THE FEES GENERATE PROFITS At the European conference in Berlin PSI Apps February 18, Marc de Vries presented the financial benefits of a program for opening data in Denmark and a summary in French is available on the @-Brest .

Impact of free data reuse publiquesLiberTIC For Catalonia, the opening has generated savings of 500 hours of work and a monthly return on investment in four months. In Rennes, the creation of 47 applications from their open data was funded by partners of 50 000 €. If the community had to support herself in these apps on an average of 20 000 € each, it would have cost € 940 000.

And these are just a few of the studies on economic and social benefits of OPENDATE. View more case studies and additional figures here there among many studies on the economic impact of OpenData. It is shown that a program of open public data saves money on one side and new tax revenue each other.

In a still more limited budgetary context, the question is not how to finance the OPENDATE but how to continue to fund expensive litigation that hamper economic development and thus impacting tax revenues. PAYMENT FOR REUSE BUSINESS IS ALREADY THE STANDARD companies already pay for public market data, which also creates a system in which only the oligopoly structure with enough money to invest in the acquisition may follow, affecting small companies and project developers in developing their business and create innovative services and usage.

But the OPENDATE is a total change of paradigm. This philosophy believes that the old system of exchange is not optimal and it penalizes the development of players while impacting the efficiency and revenue for administrative services. In this new situation, so this forgo revenues from direct marketing to benefit from indirect revenues increased (as demonstrated by the example of Denmark).

This involves re-vision in silos of government and consider the benefits of the administrative system as a whole. PROCEEDINGS impractical communities have they the means to identify all the actors performing commercial reuse of their data? And what is a commercial use? If an initiative such as Nosdeputes.

fr tomorrow should finance the hosting of their website through online advertising (while they pay the accommodation of their own pockets now), their citizens would approach it then considered a commercial re-use of data? Pragmatism, MORE EFFECTIVE THAN IDEOLOGY Over the reviews on the issue of commercial license, we find that the ideological vision of the role of business in society seems to largely influence the positioning of each.

There is a Manichean divide that restitution could look like this: those who see companies like structures operating arbitrary not sharing their profits "escaped to the Bahamas" and they did not participate in the collective effort paid access privilege for commercial reuse and those who are considering business entities as creating wealth, employment and services useful to the community prioritize their development through access free for commercial reuse.

There are also those who are unfamiliar with the principles of OPENDATE and are not surprised by the idea that a commercial structure pays an access, which seems a reflex French as our European neighbors are struggling to understand. At the conference Public Sector Information Reuse who was in Berlin last February, a representative of a French organization for business licenses Pay intervened to defend its position, which provoked strong reactions in real time on the wall tweets like: "My god! Do the French think only about how to get money out of public sector information?" (My God, do not think the French only to make money with public information?) Or "if you make digital services you exclude a lot of people and if you make 'em pay you exclude Even more "(If you make a digital service you exclude many people and if you make it pay you exclude even more) or" Why All Those rules beforehand, can not really control When gov em? " (Why all these rules in advance, when governments can not really control them?) A change of culture is needed on the role of business in society (and that's an association that says ...) .

OUR POSITION Mr. F. sent us an email yesterday asking us what our funding sources and a hint: what interests do we defend and lobby for what we work? LibertTIC is an association law 1901 of Nantes run by volunteers. We have no employees, but we hope to create a job in 2011. We operated on a budget of € 5 000 in 2010.

80% of this budget was used to fund the animation of a group of actors in digital social development as their means of communication, duplication of CDs of free software, etc.. 20% was spent on our trips to conferences OPENDATE. Indeed, LiberTIC is not only the OPENDATE but we are only talking about this subject on this blog, that's why some of you were perhaps missed.

But if you still think our purpose is to defend private interests, the description of our service activities may surprise you. We also point out that if this article was based on purely financial arguments (whereas OPENDATE obviously has a social component), it is simply because he was responding to a financial issue.

But our work is cross daily: to promote the deployment of OPENDATE vector of technological, economic, democratic and social. Libertic today brings together more than a hundred players and supporters OPENDATE, citizens, developers, corporations, associations, schools ... We come from the social economy and that of Besides the service of Nantes Métropole has financed a call for projects.

We came early and a little error on the movement OPENDATE to us fans because it affects all players in the area because he is promising social and economic because it represents a paradigm shift . It is this movement, as a whole (economic and social actors), which we support through our actions in defending the interests of all stakeholders and encouraging our territory to engage in this movement scale who is running.

THE SPUTNIK MOMENT Henri Verdier, president of Cap Digital competitiveness cluster, published an article in which he recalled that the OPENDATE movement was launched in the U.S. by Barack Obama from his speech of Sputnik Moment. "The 'Sputnik Moment' is that moment when America Kennedy (sic) traumatized by the first successful Soviet space, decided to launch a wide turn space program, particularly with the creation of NASA and the snap out of a race that would culminate in the conquest of the Moon.

Sputnik Moment but would also inaugurate a cycle of unprecedented innovation, causing, among other things, the accelerated development of Silicon Valley. "This investment in science has generated the creation of new materials, new techniques, new technologies, new practices, which are still draws discoveries and new applications 40 years later.

Currently, we are in a new Sputnik moment. We are entering an era of data, web 3.0, semantics. Services, techniques, practices around data are to be discovered we still can not imagine the nature and extent and the impact our lifestyles the next forty years. Of course questions remain unanswered, of course the picture is not idyllic, but already moving forward and keep those goals in mind to launch ambitious initiatives.

Do not miss this turning and waiving the financial disincentives. To put the odds on our side, including royalty-free licenses for commercial purposes is required. This article was originally published on the blog LiberTIC. A suite addressing the social aspects of opening the data, it must be added very soon, to monitor the blog LiberTIC.

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