We're planning on becoming a GBIF data provider. The Global
Biodiversity Informatics Facility (GBIF, http://www.gbif.org) is an
international, inter-governmental organization dedicated to compiling
and distributing biodiversity information from around the world. A
lot of their data come from museum collections, but an increasing
amount comes from citizen science efforts like eBird. Many scientists
use GBIF data in their work, so we think becoming a provider will help
make the data you guys generate more accessible.
A couple things to keep in mind:
1) we will only be sending them research-grade observations
2) we will *not* be sending them private or obscured coordinates (they
will see the same coordinates that a logged out person would see on
iNat)
3) observers are credited using their full name if we have it, and
failing that their username
4) we'll regenerate the data we send to GBIF weekly (or something like
that, weekly seems reasonable to me)
5) if you change or delete data from iNat, the corresponding records
at GBIF may not be changed or deleted for several weeks (apparently
that's what their turnaround is like)
If this does *not* sound like something you want to participate in,
you can opt out by viewing your profile on iNat, clicking "Edit
account settings & profile" on the lower right, and unchecking the
"Share with GBIF" option.
We probably need to tinker with this a bit still, but if you want to
see what we'll be sending them, it will look something like this:
http://www.inaturalist.org/gbif-observations-dwca.tgz
If you have comments or questions, fire away!
-ken-ichi
I'm totally for this, but good website data sharing practices mean you should make this opt-in instead of opt-out.
Do you have any legal counsel reviewing things? You're straying into areas that could be regulated by the government when you share user data with 3rd parties.
-Eric
> --
> You received this message because you are subscribed to the Google Groups "iNaturalist" group.
> To post to this group, send email to inatu...@googlegroups.com.
> To unsubscribe from this group, send email to inaturalist...@googlegroups.com.
> For more options, visit this group at http://groups.google.com/group/inaturalist?hl=en.
>
Well, I think that's subjective. I think most people will be
interested in sharing their data with GBIF, so I went with opt-out.
If we make it opt-in, we'll have less data to share. On the other
hand, you could argue that it's our responsibility to make opting in
easy and appealing. Anyone else for opt-in?
> Do you have any legal counsel reviewing things? You're straying into areas that could be regulated by the government when you share user data with 3rd parties.
Not at the moment, though I'm sure we could get someone to consider
it. Can you cite any particular laws?
-ken-ichi
When it boils down to it, you are a site that collects user-supplied data. That data is not yours to do with as you please. Ethically and probably legally you have an obligation to protect that data and give your users to full control over what you do with the data they supply.
I looked at your Terms of Service. From my layman's reading of your TOS, I don't think you have the rights to distribute user-supplied data to outside entities.
"By submitting Content to iNaturalist for inclusion on your Website, you grant iNaturalist a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your observations and journal."
There is no mention of sharing Content with third parties anywhere in the Terms of Service.
I now firmly believe you have a fair amount of work to do before sharing data with outside parties. You absolutely must get a lawyer, to protect yourself. iNaturalist does not appear to be incorporated. I am pretty sure that leaves you and Scott with personal liability for claims against iNaturalist.
I was also bothered by these two sections in the TOS and Privacy Policy:
TOS:
"Changes. iNaturalist reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. iNaturalist may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement."
Privacy Policy:
"Although most changes are likely to be minor, iNaturalist.org may change its Privacy Policy from time to time, and in iNaturalist.org's sole discretion. iNaturalist.org encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change."
This is another area where best practices are discouraging sites from unilaterally updating policies without notifiying their users before an update. The absolute best sites notify their users before changes to legal terms and provide a change log describing specific changes.
A quick google search brought me to this page on privacy policy changes:
http://ilookbothways.com/2011/07/07/privacy-policy-changes-some-companies-get-notification-right-2/
Some background reading via the TRUSTe website:
http://www.truste.com/privacy-program-requirements/
These are required growing pains if you want iNaturalist to become a serious player in the online world. Don't let things get away from you - it just takes one upset user to file a lawsuit or go to the press to undo all this goodwill you have so carefully built up with your own users and your partner organizations.
-Eric
Paul Hamilton, PhD
Executive Director, The Biodiversity Group
(Formerly Reptile & Amphibian Ecology International)
Focusing on Life Overlooked
www.BiodiversityGroup.org
www.BiodiversityPhotography.org
hami...@raei.org
phone: (US) 520.647.1434
3901 W Calle Don Miguel
Tucson, AZ 85746 USA
Ken-ichi,
When it boils down to it, you are a site that collects user-supplied data. That data is not yours to do with as you please. Ethically and probably legally you have an obligation to protect that data and give your users to full control over what you do with the data they supply.
I looked at your Terms of Service. From my layman's reading of your TOS, I don't think you have the rights to distribute user-supplied data to outside entities.
There are a couple of ways forward here. One would be to change our
terms to grant iNat the right to share your *public* data, notify you
all, and make the whole thing opt-out. I suspect that would cover us
legally, though Eric is right, we should talk to a lawyer.
We could make it opt-in and make a strong effort to encourage doing so.
A third way would be to allow Creative Commons licensing options on
observations, with a default setting and the option to change it for
individual observations, pretty much the same way Flickr does it.
That way if you choose to license your data I think we'd be legally
free to distribute it if we adhere to the license. The GBIF data
would only include licensed content, with a reference to the terms of
the license. This would also make the agreement not specific to the
3rd party, so if EOL wants access to the same data, they can have it
under the terms of the licenses.
I personally like the third option even if it's more work for me. Thoughts?
Regarding legal liability: we actually are incorporated. We should
really make this clear on our site, but Scott and I formed an LLC last
year to deal with liability and money issues. If we get hit with a
suit, it could destroy the site, but hopefully not us personally.
-ken-ichi
Good to hear you're incorporated.
I personally would be very upset if a site changed their TOS to grant themselves additional rights to my user-contributed public data without making it opt-in. That's honestly something I can't believe is even legal. Again, my layman's understanding is that is known as a 'rights grab' and is a unilateral change of a contract, something that's generally not allowed. Same for a retroactive application of a creative commons license to existing data.
Now I would very much support adding a creative commons option for future observations and even making that the default license for future observations, and letting people know they can go change their existing observations to have a more liberal data sharing license. And obviously building some UI to make a mass license change super-easy for the users will help. =)
I personally feel your existing database of observations is not as valuable as you think/hope it is. This is where the attorney, one with experience in online communities, is going to be important in guiding you through the process of maximizing the sharability of existing and future data.
If you need to do some fundraising to support the effort to move iNaturalist forward I know I would be supportive with a donation. Lawyers are expensive.
-Eric
I would too, but keep in mind we won't be sharing anything that isn't
already freely available to anyone on the website. Some of that info
could be used to identify you, but only if you've chosen to show it
publicly. I was proposing a ToS / Privacy Policy change mostly for
the purpose of clarification, not to make a substantive change in what
data we already publish.
I realize our collection of observations is rather small, but the
people we've spoken to at GBIF definitely seem interested, and others
(e.g. CalFlora) have expressed similar interest in data sharing
agreements, so I think there's at least perceived value there. And to
be clear, it's not like we're selling anything here! We're doing this
to make the data more useful.
-ken-ichi
PS Thanks for the offer of legal fundraising support! We may take you
up on it some day.
> I personally would be very upset if a site changed their TOS to grant themselves additional rights to my user-contributed public data without making it opt-in. That's honestly something I can't believe is even legal. Again, my layman's understanding is that is known as a 'rights grab' and is a unilateral change of a contract, something that's generally not allowed. Same for a retroactive application of a creative commons license to existing data.I would too, but keep in mind we won't be sharing anything that isn't
already freely available to anyone on the website. Some of that info
could be used to identify you, but only if you've chosen to show it
publicly.
My concern isn't with personally identifiable information. It's with what rights we as users grant iNaturalist to our contributed data. Right now we only grant iNaturalist the right to display and use our observatrions on the iNaturalist site and nothing more. Any data sharing of our observations must be done within a proper legal framework and done using a proper legal process.
The fact that iNaturalist isn't *SELLING* our observations makes it an easier task, but it's a task nonetheless. Ken-ichi and Scott must establish a proper terms of service that outlines what they want to do *in every possible future case* with their user's data. And they must figure out a legal way to do that with already contributed user data. A lawyer is needed to guide them through that process - explaining how explicit or loose they need to be in the terms of service that are drawn up, showing them where the law is picky about things or lax about things, where the unexpected gotchas are, etc. What is their 3-5 year plan for monetizing the website? Exit/merger/buyout strategy? Answering those questions will impact the TOS they create.
These are basic business steps involved in the creation and running of a social networking website. Not very scientific but just as important in supporting the goals of the website.
-Eric
Chris
Sent from my iPhone
First - this isn't about me. I've stated I'm in favor of the GBIF sharing. This is about doing the right thing with your user's data from a legal and ethical perspective. I read the initial email too quickly and missed that this has gone live. Well, if/when Ken-ichi and Scott talk to a lawyer they will find out if they've done the right legal steps or not by not making the GBIF sharing opt-in instead of opt-out and by not addressing this data sharing in their TOS.
I also want to address several comments from others that were along the lines of "well, no one would object to this, these are obvious things to do with this data!" Unfortunately business in the United States doesn't work that way. It takes one person raising a stink to do real damage to a brand and business if the legal stuff isn't thoroughly worked out. Good intentions versus the letter of the law/contract doesn't get you nearly as much forgiveness as it once did.
-Eric
I get the privacy / intellectual property distinction. The
interesting question here is whether iNaturalist observations are
copyrightable. Your photos clearly are, and if you have a text
description then that is certainly copyrightable, but is a line like
"Homo sapiens, 2012-01-21, 38.5, -122.2" a copyrightable work?
Probably not, even if you include a URL to a copyrighted photo. But
when you mix in the description, then it probably is copyrightable.
Fun! I'm hoping Creative Commons licensing will get around this, but
you're absolutely right, we should talk to a lawyer. For the
supernerds among you who are interested in how US courts distinguish
uncopyrightable data from copyrightable works, check out
http://en.wikipedia.org/wiki/Feist_v._Rural
Another interesting question is whether iNat would be at fault for
publishing the copyrighted works (which I doubt, since our ToS already
grant us permission to do that over the Web), or if a third party like
GBIF would be at fault for copying and re-publishing them. Again,
more lawyer fodder.
-ken-ichi
Good points, and one thing that you may not have realized, is that iNaturalist uses (unless something has changed) the photo storage at Flickr and Picasa for the photos. They just do an inline call to Flickr/Picasa to show the image directly from the Flickr/Picasa servers. Your photo is never copied over to iNaturalist. Otherwise the hardware requirements for iNaturalist would be orders of magnitude larger.
-Eric
-ken-ichi
You validated my position and then attacked me. Not cool. Feedback was asked for, it was received in the spirit it was given, and I feel like it was appreciated and taken to heart.
-Eric
Charlie, regarding consumption of GBIF data, we actually do have a
button on the maps on the taxon pages (for taxa with ranges) that
shows GBIF records ("Show museum records"). Check out
www.inaturalist.org/taxa/Marbled_Salamander#taxon_map. We could
enable those maps for taxa w/o ranges too (like most of our plants).
-ken-ichi
Right now all existing observations are unlicensed by default, so we
*won't* share them with GBIF. If you want to share, please use a
license. New users will have to opt-out of this.
If you've got thoughts or questions, fire away.
-ken-ichi
PS. Also turned on maps for all taxon pages, along with the GBIF
overlay, but it's not perfect. We're using GBIF's KML feeds via
Google, which means Google caches the GBIF content before serving it
to us. Unfortunately, if it takes more than a second or so for GBIF
to generate the data, Google serves us nothing until it's ready. I
think we need to not rely on the Google caching, but I probably won't
get to that for a bit.