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okfn / opendefinition

Open Definition source
https://opendefinition.org/
Creative Commons Attribution 4.0 International
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Legal details for Australia are incorrect #146

Closed pietercolpaert closed 7 years ago

pietercolpaert commented 7 years ago

According to @ausgoal, the chapter on Australia in http://opendefinition.org/guide/data/ is incorrect and should be removed asap.

@ausgoal: can you elaborate on this?

Source: https://github.com/okfn/opendefinition/issues/145#issuecomment-241246047

AusGOAL commented 7 years ago

In brief, the OAKLaw articles are well out of date. In addition, since Desktop Marketing v Telstra there has been Phone Directories v Telstra, which reversed the earlier decision in Desktop. There has also been IceTV v NineMSN, and a number of other cases that have all dropped the sweat of the brow test.

In sum, the content of the guide with regard to Australia refers to cases that are no longer good law, and the other materials you point to are also out of date.

Perhaps this slidedeck might be of interest. https://docs.com/ausgoal/6263/odiq-open-data-essentials-law-and-licensing-course

pietercolpaert commented 7 years ago

@AusGOAL would you be able to update the page at https://github.com/okfn/opendefinition/blob/gh-pages/guide/data/index.markdown so that it is corrected?

AusGOAL commented 7 years ago

I would be, but not today. In the meantime, I would greatly appreciate if you would remove the content. Its misleading to people in Australia and counter productive to the education and training activity AusGOAL does in Australia to support open data.

Baden M Appleyard Barrister

National Director - AusGOAL Mobile: +61(0)459 824 061 LinkedIn https://www.linkedin.com/in/badenappleyard

AusGOAL Visit our Website http://www.ausgoal.gov.au Like and Share us on Facebook https://www.facebook.com/AusGOAL Join our LinkedIn Group http://linkd.in/oq5L3u Follow Us on Twitter: @AusGOAL https://twitter.com/#!/AusGOAL +1 on Google Plus https://plus.google.com/u/0/b/108169778015177255341/108169778015177255341/posts/p/pub

View our Slides https://docs.com/ausgoal AusGOAL is the Government and Research Lead of Creative Commons Australia The contents of this email may be subject to legal professional privilege. Liability limited by a scheme approved under professional standards legislation.

On Sun, Aug 21, 2016 at 7:30 PM, Pieter Colpaert notifications@github.com wrote:

@AusGOAL https://github.com/AusGOAL would you be able to update the page at https://github.com/okfn/opendefinition/blob/gh-pages/ guide/data/index.markdown so that it is corrected?

— You are receiving this because you were mentioned. Reply to this email directly, view it on GitHub https://github.com/okfn/opendefinition/issues/146#issuecomment-241247607, or mute the thread https://github.com/notifications/unsubscribe-auth/ANVzkYdWPAgjKemnxpHvZ1nmlhVDW-kiks5qiBqYgaJpZM4JpQlP .

enyst commented 7 years ago

Wow, that's great to learn, thank you for sharing!

Cc: @rgrp

AusGOAL commented 7 years ago

You're welcome. Keep up the great work on this publication though! Its much needed!

mlinksva commented 7 years ago

Thanks for the report. I deleted the Australia section. Feel free to open a pull request with up to date info.

AusGOAL commented 7 years ago

Thanks Mike.

On 22 Aug 2016 2:22 AM, "Mike Linksvayer" notifications@github.com wrote:

Thanks for the report. I deleted the Australia section. Feel free to open a pull request with up to date info.

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rufuspollock commented 7 years ago

@AusGoal when would you be able to provide updated content. My concern here is that we will simply end up with dropped content and never re-add it.

@mlinksva so we don't forget to re-add it shall we open a new issue about reinstating the content properly updated?

@mlinksva + others: one question is whether we want this guide here at all - it might be better having a permanent home at http://opendatahandbook.org/

AusGOAL commented 7 years ago

Hi Rufus,

It should be this week, I have a draft already prepared.

Trust youre well by the way.. we havent spoken in a while.

Cheers

Baden

Baden M Appleyard Barrister

National Director - AusGOAL Mobile: +61(0)459 824 061 LinkedIn https://www.linkedin.com/in/badenappleyard

AusGOAL Visit our Website http://www.ausgoal.gov.au Like and Share us on Facebook https://www.facebook.com/AusGOAL Join our LinkedIn Group http://linkd.in/oq5L3u Follow Us on Twitter: @AusGOAL https://twitter.com/#!/AusGOAL +1 on Google Plus https://plus.google.com/u/0/b/108169778015177255341/108169778015177255341/posts/p/pub

View our Slides https://docs.com/ausgoal AusGOAL is the Government and Research Lead of Creative Commons Australia The contents of this email may be subject to legal professional privilege. Liability limited by a scheme approved under professional standards legislation.

On Mon, Aug 22, 2016 at 4:37 PM, Rufus Pollock notifications@github.com wrote:

@AusGoal https://github.com/AusGoal when would you be able to provide updated content. My concern here is that we will simply end up with dropped content and never re-add it.

@mlinksva https://github.com/mlinksva + others: one question is whether we want this guide here at all - it might be better having a permanent home at http://opendatahandbook.org/

— You are receiving this because you were mentioned. Reply to this email directly, view it on GitHub https://github.com/okfn/opendefinition/issues/146#issuecomment-241325894, or mute the thread https://github.com/notifications/unsubscribe-auth/ANVzkcvTFevlTDcirbCUUW4YgMnd6ZYnks5qiUONgaJpZM4JpQlP .

rufuspollock commented 7 years ago

@AusGOAL awesome Baden 😄 - yes I'm very well (and hope you are too!).

mlinksva commented 7 years ago

@rgrp agree, the material might best live elsewhere, probably best discussed in #145

@AusGOAL you might want to contribute an update to https://en.wikipedia.org/wiki/Sui_generis_database_right#Australia as well if needed.

AusGOAL commented 7 years ago

Hmmm goodness me... yes... ok.

Baden M Appleyard Barrister

National Director - AusGOAL Mobile: +61(0)459 824 061 LinkedIn https://www.linkedin.com/in/badenappleyard

AusGOAL Visit our Website http://www.ausgoal.gov.au Like and Share us on Facebook https://www.facebook.com/AusGOAL Join our LinkedIn Group http://linkd.in/oq5L3u Follow Us on Twitter: @AusGOAL https://twitter.com/#!/AusGOAL +1 on Google Plus https://plus.google.com/u/0/b/108169778015177255341/108169778015177255341/posts/p/pub

View our Slides https://docs.com/ausgoal AusGOAL is the Government and Research Lead of Creative Commons Australia The contents of this email may be subject to legal professional privilege. Liability limited by a scheme approved under professional standards legislation.

On Tue, Aug 23, 2016 at 3:44 AM, Mike Linksvayer notifications@github.com wrote:

@rgrp https://github.com/rgrp agree, the material might best live elsewhere.

@AusGOAL https://github.com/AusGOAL you might want to contribute an update to https://en.wikipedia.org/wiki/Sui_generis_database_right# Australia as well if needed.

— You are receiving this because you were mentioned. Reply to this email directly, view it on GitHub https://github.com/okfn/opendefinition/issues/146#issuecomment-241491933, or mute the thread https://github.com/notifications/unsubscribe-auth/ANVzkdfvNfU9CKsLcPuhBIZQnpbgdLT_ks5qieAXgaJpZM4JpQlP .