[CivicAccess-discuss] opinion paper: scraped postalcode --> edid's legal

[Jennifer Bell]

Unfortunately, it's not 100% black and white.  Having seen the paper (dated April, 2005, wow!), the summary is basically:  'The legal status is unclear, but you're probably OK.'  The argument partly hinges on whether the scraped data set is 'original', which is admitted to be a subjective call.

However, here is a very, very intriguing quote, relevent to most here:

'Your activities appear to fall within a recognized "gap" in Canadian copyright law with respect to unoriginal compilations of data. Specialized database legislation in other jurisdictions might capture this sort of activity. In Canada, provided no other tortuous conduct (such as a trespass to chattels) accompanies your activities, such a taking is lawful.'

I would post the letter, but it's a private correspondance between the legal clinic and the sender, and I don't yet have permission.  

The legal clinic was organized by the CIPPIC group at the Ottawa U law faculty, which seems like an excellent resource for you folks who are wondering about whether copies of particular scientific data sets are legal or not.

Jennifer
 
--- On Fri, 10/10/08, Daniel Haran <chebuctonian at gmail.com> wrote:

> From: Daniel Haran <chebuctonian at gmail.com>
> Subject: Re: [CivicAccess-discuss] opinion paper: scraped postalcode --> edid's legal
> To: jenniferlianne at yahoo.ca, "civicaccess discuss" <civicaccess-discuss at civicaccess.ca>
> Received: Friday, October 10, 2008, 3:07 PM
> Any chance they can merge back into this file? :)
> 
> http://github.com/danielharan/canadian-postal-code-to-electoral-districts/tree/master
> 
> Extracting that data from downloaded pages took far longer
> than
> expected, and there is data missing. Sanity checks and
> contributions
> would be welcome.
> 
> d.
> 
> On Fri, Oct 10, 2008 at 2:54 PM, Jennifer Bell
> <jenniferlianne at yahoo.ca> wrote:
> >
> > I've just gotten an email from someone with a
> scraped (incomplete) postal code --> edid's data set.
>  He's had an opinion paper written by an Ottawa U legal
> clinic that his data set is free of any legal/copyright
> issues.  The data set is currently being used by a couple of
> non-profits.
> >
> > Will post more info when I get it.  Hopefully, the
> person who told me this will join the list himself.
> >
> > Jennifer
> >
> >
> >     
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