Geospatial Data Licenses: Key Considerations for Non-lawyers

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Geospatial Data Licenses: Key Considerations for Non-lawyers
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This presentation by Kevin Pomfret from the Center for Spatial Law and Policy will identify the main components of a license agreement and discuss how each component applies to geospatial data. It will also highlight some of the unique issues associated with the licensing of geospatial data, such as copyright and privacy. The presentation was developed for non-lawyers, so it will have minimal legal jargon.
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they queue for improved for the introduction of a new leader to speak in and this is 1 of the most glamorous issues are in the community where they had to think it's pawn 1 can become increasingly important for some of the reasons all describes so that might have offered download and by and also and the founder executor the director for the Center for special 1 policy and the mission of the Senate to just to raise awareness about the legal policy issues of the impact in the collection accused distribution and and storage Jewish commission and and which only their there is a lot of issues associated with the spill technology but there are a lot of details the legal policy communities are quite far high from what you got from a technology standpoint the goalless sent to of worried about where the word is about these issues so why this important I'm a couple
reasons 1 is the geospatial prices services are created leading to a key using data from a right sauces so good government data that industry both criterion an open data and and increasingly got the crowd and as he tried to look at these datasets together many of them are subject to licensing or data agreement each with their own restrictions were comments terms used in it can become if if it has not become few you increasingly point understand what these are how relate to 1 another so that she could figure which you can I can't do anything people
left actresses would suffer accompanier were just data provider these issues are not that important as it to someone else down the geospatial ecosystem attitude board to the island believe that increasing early this will be an important issue for everyone understand the data their using or even touching along the way with their hosting and or on aggregate in the opening in the Cloud the type food in general terms the five set of
high level issues in Washington Houghton so that you can have a better understanding as to what a a lawyer looks like when the looking at the licence agreement it was the terms are and there are some issues until discussed the 1st is just of finding the right now to appropriate and then include both the data and the minutes of systematic data that you have and this is important for what reasons 1 to make sure that it clear between the
parties away writes that you have and what right Sicha granting to them and there is not a whole lot of body of law around these issues so if you look to lawyers a judges to resulted in a panic to in the event of a dispute you really believe in the hands of someone who could cope with a prise decision that would be surprising if the knowledge is disappointing 2 dozen part because the of copyright around faxes many most into spatial datasets a fact is really a difficult to write about to understand and it employs understand both would copyright law applies to the data the during the licensing or or receiving a licence but it would without me as the sort you can and can't do anything creator work with the team Distributed would decimated displayed in geospatial Enviromesh so recently these issues become important and to the extent that you have the new licence agreement the better off to be an invented a dispute on the road unrelated to the as defining the used for some sort of
party is understand what rights they have with respect to the dead and applauded component of
that is how can be was the data and just before the time of departures that there is versatility because it can be used for a lot of different things so you may not necessarily no holidays can be used if you Oasis or a licence and so trying to address the early on are a release discuss it will be will help you to get to a point of the security huge down the road 1 of funds that have a failing to address the House of used as a data may be used for
purposes and not suited for enacted increase the risk of Palmer injury individuals a property and the family to waste a 1 is to the impact with the the party that not part of the agreement and another is the potential impact to game just 1 or the other parties who suffer a on because the data is used in in a way that is not the their contemplated or not necessarily City for but another important reason to consider uses it has talked about his official data is reversal and in
the rapidly evolving marketplace you be used for a of different purposes but you may not want your licence or devices what the licence fee is all a different markets offer for all the different products in order to keep it for themselves in order to be used for different delays deficit to another licenses for another product a and other region and was important to have that in mind as you enter into a licence agreement both as Alexis or licenses is to what it is a jaunty used for making sure you get those rights to build up a clear lead so again in the event of a dispute in all the way to a lawyer or a judge who does not understand the technology with a dozen understand you especially the commission made the decision to payment turned again as important consideration won the lot of the people give thought to buy but I
think this is a different coupled with automated you may want to think about is the
1 is certainly cast a amicably immediate automate the paid over time of Caudalie or would ever makes sense from a business standpoint were also Kumbia world of is being included in 8 and a product of services to waste of so you may want to take a percentage of the of the money being generated from their product to service that would typically requires making sure that you have rights to order of the day a much of the price is being sold a amend discussing a what terms also apply to those of us in the global economy go across the and we and that after the city where the and kind payments of someone provides services or data back in exchange for data may be improvements to the data as part of the consideration in schemes instances you want to make sure that their reciprocal obligations as and discuss here about representations warranties covenants indemnification because you not only a few places where you also the licence of of additional data another component is allocating risks and this something lawyers are held very sensitive to of well at a
time that the business of Folkestone necessarily want to think about the risk because they are 1 of the other party to the negotiations or they think that they can work out in a minute cases you can't but is at least in part to 9 disdained with the language and the agreement provides standard language in Iowa the thinking about it to see if you want to address on these risks and not and the incident just letting on the board language dressed suffered and if you think about data take recently being used variety of real time critical decision making an all out attack being pushed down deepened
organisations with people who don't really understand the technology the limitations use racial data you really increase the risk of state being made and bodies being inches and again you want where the judges to decide the liability 1 of that in the agreement and the French sort of through attempt representations of appointees with the fact that preceded time complete but also total uses an writes data December full understand what the various things could go wrong in hiding 1 until Emmanuel a chip and domestic bit about the changing processes of privacy with a strategy of special data location in particular over the past
few days the picture from 2 thousand 5 that was published in a peer applauded Sapiejewska where it England junction with the about the the death of of open about every at which 1 would you use the number of people so looking down the squalor waiting to see some of talker awesome of the terms of the old arrival a or the election of a new book that was in 2 thousand 5 and has a similar pattern to thousand 13 used where and I use the word of this name general angle again a
connexion with the election of a new poll by believe that I can see H UEA's just the abundance of people holding up cameras Ifop I've found I'd iPad's other mobile the vices taking pictures you know that between the pictures of The chatting on Facebook as to where they are the sharing information about themselves the people around them real time bases in argue that given all his intention to concerns about the publication awareness that they are more concerned about their location privacy now than they were in 2 thousand 5 Euro and there they are the ones that the sort of distributing injury data by choice in addition area everyone else Cho that data side is to describe the sort of privacy paradise and is something that I think increasingly community is going to have to deal with because location and location privacy are something that policy makers and regulators paying close attention to the storey of the little trade Commission which in the United States is sort of the primary of the fact of government mobilisation regulating just from Asian is starting to look at mobile at developers collecting
location from Asian without the consent of their the consumer and even though there hasn't been any legislation directly offers to location for measures made sense that the case is basically game to decide on a have entered into a settlement agreements with a couple of companies and and the 1 believe it back in March 14 was a flashlight Company of classified out the for some reason we collecting location information well without consent and so this the settlement decreed that they ended and has been a more recent 1 eye and with there was the should said that might be and in the White House but there is another settlement negotiation recently began have and duty location information so the regulated looking at this in terms of location privacy and I think this is used and even bigger we start having to privacy technology application promising technologies into the market place and drowned certainly going to be 1 during and after the deal was in the future of the storey but the
number of state to introduce legislation that would restrict the building of viewing these to collect location information imagery consultation information and even the Supreme Court is the
impact of a privacy law with applications of those at back into thousand will be worth the Jones before the 1st time a majority of the justices seem to say that if you can collect enough information about a looking individuals location movements over time either of the 2 public spaces you may and reduce their in their privacy Rexall expectation of privacy in that a significant change because was been assumed that you can't as long as you tracking somewhat Lewis public space was no expectation of privacy or there was the result petition promising public space that seems to be changing now in the potential impact the Tesco have geospatial community could be significant and as a tie this back into look into licensing think it's important to make sure that your if you licensing data that that the licence or ahead of compiled by the political will or and also making sure that if you're a licence or the Chiles's seized and comply with the applicable or so you not help some hours possible within this possible by regulators or a chorus being encouraging somewhat privacy and then even the Legislature getting involved in this is
location promising Protection Act has 14 Kingston to introduce a 2 thousand 13 Otago quote from on the back require companies o'clock application thousand of more devices to on data have to explain how they collected with with and how they use it now people to stop the clock measure that data eyed don't have any expectations this bills opacity time and this year are anytime soon probably but I do think it shows that location from Asian is moving into the mainstream with respect to privacy until the crease attention to it and Anchorage companies will be staged a thick about that is part of the privacy is part regime to protect the privacy of particular individuals and may be collected and in the file
component of the licensing is to get the look of a lot of tactical legally issues associated with licence notoriety of these it's
interesting for many produced a sustained because it is the community and the technology is made it so easy to collect used shirted across geographic regions and and national lined up interested and but we need understand that the world is still too high to locations instead that can do things androgen you can't do in Maryland acute doing your 4 or China that that the world that we live and so when you dealing with light lawyers who were working on licence agreement who are yellow and trained a total of about with a lot of the locally and it employs never realised that Europe who licensee of Oasis or another country another part of the world may have a different perspective on things that he should understand which restrictions was applies in the event of a dispute with it but proceeds will take place in that simply that generally to make sure that if you don't it helpful if the proceedings closely rather than further away from expensed and point increasingly organisations to arbitration mediation rather than of the litigation to result dispute particular there is a sense that is it can be a complicated cases they may want to have some extra to make the decision rather than someone who is the No Lehman are not and the technology is appointed into a 4th measure which is simply a 1 of the when before fall much not possible rather than of a major catasta event war sometimes Computing about assignment with the 1 major this someone can transform their rights and the licence agreement to party idea may not want that you may not want them to transfer to a competitive Princeton's or you may not want someone who Elise's and data from the they can to someone else you may want to consider a bid for the right to get out the agreement is wonderful the could trust the data provided again compliance with the law attack about that critically a right to privacy making sure that your Europe to by the party complies with local was so which may not even know of an afternoon suggested people think about injured when she was adjourned to address some of the risk that their being the rising from the comes from the print after taking place and totally deal which and industry like many others is catching up to this and no a double research group regarding you a piece of church on duties and still a great deal of respect for the interest companies about what a take with your views of that is that is slowly changing but at least understanding what restriction Jurgens at the cost on to the board of consideration and so that it could be glad to have it ready
questions appreciate this time and that it was important to give a high level overview licensing geospatial data given to of the trains that that ICI anyway in the images which community the bicycles industry and in government and and for those who are what you might ask questions in the
case over the with the location of the ash and I can also do so via the locations hackers unfreedom 40 feet off useful applications work and will relieve questions you can this is questions that we are a really and also in the background welcomed the strains of case the 1st question is reduced official data is the said of a well known my system licences it will not open source licences out there are licences that people are using don't how well known they are going to go people opened data communities at least a where the on the secret of comet licences that are being used although many people including myself don't think that there as a way of applicable to data them Walker applicable to cut and such as music a are the aura a record books and things like that is also the open database licence and the ODI bill that has been adopted by the opened by August treatment for 1 and a still others out of work that led to some of the goal again and reviewed and and ideas TicketCity 8 8 in need some work at the dentist well is good idea and not sure that it's and specifically to produce spatial data to address most concerned and and and person believe that 2 there are some indications associated with data that you don't have to suffer such a beautiful were difficult licence to come up with the universal adopted the 2nd questions today is used before the licences some key differentiating characteristics of natural understand that question may be person can and the changes differentiate between the different types of data or different or difference between data suffered with a summary of of the persica submitted for 1 question that could help clarify that would be helpful but they will do so in itself of person of some the the city early and we need to do this afternoon and people at the following sessions or to the fact that last patch and that the the continued not in March that some the wittiest discussion the you to the Commons the CIA questions at the moment you 1 more quickly from the questions and do not want all to to the Commons on a 4 150 with a suit and tie and for coming in Shanghai not out really appreciate it and thanks to to use your stupid they take a long time averages well the face of this practise and you to stop and have a lot the recording available in new of


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