Ah, I see what you mean now. Well, on the positive side the law states (2 ch. 5§) that unless there is a specific public interest, no restrictions can be made. Basically saying it is similar to CC0. I don't think this has been put to the test yet. 

On Sat, Jun 22, 2024, 17:06 Mathias Schindler <mathias.schindler@gmail.com> wrote:
Dear Jan,

this has been a source of confusion in Germany as well. The PSI-OD-Directive states that the Directive does not create new rights of access and relies on existing (member state laws) on access.

However, this is a bit missing the point as the Directive is not about access but about reuse. At least in Germany, getting access to documents did not mean that you could re-use them. When combining  an access law with this PSI-OD-Directive, you take the existing access law with the right to re-use.

Mathias

On Sat, Jun 22, 2024 at 3:50 PM Jan Ainali <ainali.jan@gmail.com> wrote:
Unfortunately, the Swedish tranposition made it explicit that unless the data was already free thanks to other laws, this law can not be used to make it so. (§2) 



Den lör 22 juni 2024 kl 13:38 skrev Mathias Schindler <mathias.schindler@gmail.com>:
Hi everyone. 

Some might remember the 2019 recast of the EU PSI Directive (which is now also called Open Data Directive) which has a nice round number EU/2019/1024 (https://eur-lex.europa.eu/eli/dir/2019/1024/oj). As a directive, it has been transposed in EU member states and is also transposed/about to be transposed into the EFTA states.

I was involved in the 2019 recast as a member of the staff of MEP Felix Reda who wrote the opinion in the IMCO committee of the European Parliament (the leading committee was ITRE: https://www.europarl.europa.eu/doceo/document/A-8-2018-0438_EN.html#_section8)

The Directive has both a general principle on the reuse of content but also paragraph about how to process requests for re-use.

Germany transposed the PSI-OD-Directive into the "Datennutzungsgesetz" in 2021 but left out the processing part for requests for re-use. I spoke to a civil servant in the responsible ministry who was involved in the drafting process and she stated that this was by design. Since the "general principle" on re-use applies, there would be no use for requests any more. This idea has been rejected by academic literature which still claims that the possibility for requests remain embedded in the law

Long story short: After reading the literature, the directive and the law, I believe that Germany has introduced a law that would allow liberating content for re-use under license terms compatible with Wikimedia projects.

For a few weeks now, I have put this theory to the test and I have applied for usage rights for various government documents, pictures etc. This has been largely successful, but not without hickups. People in the administration are usually confused by these requests and it takes them a while to process them.

I would be interested to learn if anyone else in any other EU/EFTA state has ever used the PSI-OD-Directive (and the transposed law) to force government entities to release content under a free license.

This was the most concise way of describing this for me. I left out many details in order to not turn this into a long paper. I am happy to elaborate on details if requested.

Mathias

(there are some exceptions in the directive. GLAM institutions are not fully within the scope of all parts of the directive and it is not as simple to simply go to a museum or a library and tell them to give you a license for stuff they own. Public broadcasting it also out of scope)
_______________________________________________
Publicpolicy mailing list -- publicpolicy@lists.wikimedia.org
To unsubscribe send an email to publicpolicy-leave@lists.wikimedia.org
_______________________________________________
Publicpolicy mailing list -- publicpolicy@lists.wikimedia.org
To unsubscribe send an email to publicpolicy-leave@lists.wikimedia.org
_______________________________________________
Publicpolicy mailing list -- publicpolicy@lists.wikimedia.org
To unsubscribe send an email to publicpolicy-leave@lists.wikimedia.org