[LINK] Crown Copyright [Was Re: Lundy:Citizen-centric ...
Roger Clarke
Roger.Clarke at xamax.com.au
Thu Mar 3 16:50:29 AEDT 2011
At 16:11 +1100 3/3/11, Tom Koltai wrote:
>This has always puzzled me...
>Quote/ [From the above URL speech]
>Finally we are seeing more and more government data released under
>permissive copyright licences, and in useful formats for people to use
>and mashup up. Many government document and cultural assets have been
>released under a Creative Commons licence, and in fact only last year we
>released our first Creative Commons By Attribution licensed Federal
>Budget, which is a world first and something we are very proud of.
>/Quote
>
>How can a government elected by the people for the people and paid for
>by the people claim copyright over the actions and data of Government?
The vesting of copyright in the Crown is a position of long standing.
(Blame Queen Anne, by all means. I doubt if she appreciated *any* of
the implications of the Statute commonly named after her).
Because it's a position of long standing, government lawyers can
stand behind the mythology that the sky will fall in if anything is
changed.
During the government-as-business-enterprise phase a few years back,
it was leveraged off to sell back to taxpayers content that they'd
already paid for.
ABS was one ghastly example. But ASIC's registration data, mapping
data, geology-related data, are all operated under variants of that
model.
There are arguments for *some* data to be subject to cost-recovery,
and copyright can be used as an element of that.
(Think about data arising from 'natural monopoly' collection
activities, such as charts of the sea-bed. Really valuable data like
magnetic-field variations might attract an investor, but not the
really dull stuff).
If the government spends the money to collect it, in a single
coherent and not-very-wasteful process, and if it charges a sensible
fee to intending users (or maybe even sensible fees to a sufficiently
large number of sufficiently competitive value-adding licensees),
everyone might win.
The last decade has seen a long slow battle to force conservative
public servants to the table to discuss the need for some kind of
open-content licence, or more likely licences. (There are many forms
of content, and different considerations arise. Think statutes,
think databases, think images, think metadata, think special
categories like, well, copyright licences).
Government lawyers have got in the way of policy development at every step.
The Commonwealth Copyright Administration (CCA) has been an absolute
farce, avoiding even a semblance of consultation on the matter:
http://www.ag.gov.au/cca
DEST as was, DEEWR as is, spent many years completely unhelpful to
the education sector, and formed their own special kind of blockage
to progress (denizens of the link list included). As an example,
attempts to get a framework in place so that even informational
pages, at places like the Bureau of Meteorology, could be marked with
something more constructive than 'Crown Copyright - All Rights
Reserved', met with stoic resistance.
Fortunately, the doors are gradually being battered down. eResearch
and Gov 2.0 have been but some of the recent rounds of attack.
Declaration. I chaired a 'collaborative federalism' / dot.gov
company in the VET sector from 2000 to 2006. We had open-content
licences in the field before Creative Commons was even formed. The
incomprehension and the apathy we expected, and we had strategic and
tactical plans to address them. The sometimes mindless and sometimes
bloody-minded obstructionism was a surprise and a nasty one.
--
Roger Clarke http://www.rogerclarke.com/
Xamax Consultancy Pty Ltd 78 Sidaway St, Chapman ACT 2611 AUSTRALIA
Tel: +61 2 6288 1472, and 6288 6916
mailto:Roger.Clarke at xamax.com.au http://www.xamax.com.au/
Visiting Professor in the Cyberspace Law & Policy Centre Uni of NSW
Visiting Professor in Computer Science Australian National University
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