Sean, In trying to parse the legal definition in the sections you mentioned I poked around to see if there is a data equivalent to the OSD ( https://opensource.org/osd-annotated) or FSF's four freedoms to determine if the legal text matches it. I came across a few things that seemed to fit the bill, such as http://opendefinition.org/od/2.1/en/ content I assume is in https://cdla.io/ and imagine there may be content about this data.gov (which is down with the US government).
Is there a de facto definition for "open" data that is as generally accepted as the one used for open source? Also can you elaborate on concerns you have about the text you shared? *Gil Yehuda: *I help with external technology engagement On Tue, Jan 15, 2019 at 5:43 PM Christopher Sean Morrison via License-discuss <license-discuss@lists.opensource.org> wrote: > > Relevant to the recent discussions about Government Open Source issues, > the US federal government just signed the Open, Public, Electronic, and > Necessary (OPEN) Government Data Act into law as part of HR4174 > (Foundations for Evidence-Based Policymaking Act). More details at > https://www.datacoalition.org/open-government-data-act/ and the actual > law can be read at > https://www.congress.gov/bill/115th-congress/house-bill/4174/text (see > Title II) > > For anyone that hasn’t been watching closely, this has been in the works > for about 3-4 years now, survived the change of administration and was > signed into law yesterday. It’s related to efforts like code.gov, > code.mil, and a handful of executive directives that have been blazing a > path towards more Open Source and Open Data from the U.S. federal > government. > > Some of the more salacious bits relevant to this group and open source > licensing are the definitions in section 202: > > “(20) the term ‘open Government data asset’ means a public data asset that > is— > > “(A) machine-readable; > “(B) available (or could be made available) in an open format; > “(C) not encumbered by restrictions, other than intellectual property > rights, including under titles 17 and 35, that would impede the use or > reuse of such asset; and > “(D) based on an underlying open standard that is maintained by a > standards organization; > > “(21) the term ‘open license’ means a legal guarantee that a data asset is > made available— > > “(A) at no cost to the public; and > “(B) with no restrictions on copying, publishing, distributing, > transmitting, citing, or adapting such asset; > > “(22) the term ‘public data asset’ means a data asset, or part thereof, > maintained by the Federal Government that has been, or may be, released to > the public, including any data asset, or part thereof, subject to > disclosure under section 552 of title 5; > > --- > Cheers! > Sean > > > > _______________________________________________ > License-discuss mailing list > License-discuss@lists.opensource.org > > http://lists.opensource.org/mailman/listinfo/license-discuss_lists.opensource.org >
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