Hi - happy pre-Thanksgiving to you all!
I wonder if anyone on the City Data Team would be able to comment if
there are any of the city's data sets that are likely to have issues
with third party rights?
A bit of background: The City's data licence, like all OGL variants, has
a third party rights exemption (“This licence does not grant you any
right to use: … Third party rights the Information Provider is not
authorized to licence;”). This clause exempts the City from any
liability if a data set is found to contain proprietary data.
In the UK, this clause has recently caused great difficulties for a
government-sponsored open data initiative working on a free address
database*. Some of the data that the the UK group wished to use,
although published under the OGL, had been cleansed/augmented against a
closed data source. As such, those sources had conflicting third party
rights preventing their further distribution.
Would the City be able to confirm if there are any data sets that:
1. were collected by City staff for City purposes and published
unmodified — these would almost certainly be free of third party rights
2. although collected by City staff for City purposes, may have been
derived from/compared against a proprietary data source — it would be a
grey area if these were clear of third party rights concerns;
3. were licensed to the City after collection by a third party — these
would be difficult to reuse/remix unless the third party explicitly gave
up all rights on their work.
I realize that the exemption is there for a purpose, but it does make
using open data just that little bit more difficult.
*: for more details, please see p.48 and on at