Hi Tom, all
- you can download all input and output data under an open CC BY licence (non-commercial licences are discouraged, because the definition of "commercial" is vague)
It is true that non‑commercial is hard to define at law. But that is not the reason that non‑commercial licensing is discouraged.
The key reason is that any discrimination on the domain of
application is normally counterproductive. The free software folk
had worked that out by at least by 1991 when the GPLv2 license was
published by the Free Software Foundation. Indeed, the open
source revolution would not have occurred if commercial use had
been excluded.
In passing, many of the use of material exceptions under German
copyright law are limited to non‑commercial use cases. But the
few judgments that do exist have set a very low threshold on
commercial, meaning that these exceptions are very limited in
scope.
with best wishes, Robbie
PS: I talked to a senior TenneT (Dutch state‑owned TSO, also
active in Germany) staff member at a seminar today and apparently
TenneT, RTE (French part state‑owned), and other like‑minded TSOs
are launching a data portal in early‑2020. I mentioned the need
for suitable open data licensing but the person I spoke with was
not familiar with this kind of legal issue.
-- Robbie Morrison Address: Schillerstrasse 85, 10627 Berlin, Germany Phone: +49.30.612-87617