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

[Tracey P. Lauriault]

hmm!  We were provided with advice that we may be able to get the postal
code file from elections canada through an ATIP request.  we were also
provided with an offer of assistance by an expert in this area to review our
request and provided with tips on how to follow-up.  I will probably start
to work on such a request, any one wanna help?  Should we make it a
CivicAccess.ca request or an individual citizens's request?

Also, Michael Geist is a member of CivicAccess and is considered as one of
the founders. (see http://civicaccess.ca/wiki/founders)  CIPPIC has also
provided legal advice to community wireless groups, particularly ogWiFi and
assisted with the drafting of a hotspot user agreement as well as
incorporation documents that have been shared with groups in canada.  I
think it might be interesting for civicaccess.ca to come up with a few
strategic questions we would like a legal opinion on and see if they can
help us out with a response and a course of action.  CIPPIC is really busy
but sometimes they have law students and interns looking for projects.

We do not live in cool montreal :( but we can do some of the boring
institutional work that can prove useful to civicaccess.ca.

Ciao
t

On Tum!e, Oct 14, 2008 at 1:46 PM, Jennifer Bell <jenniferlianne at yahoo.ca>wrote:

>
> 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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>
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-- 
Tracey P. Lauriault
613-234-2805
https://gcrc.carleton.ca/confluence/display/GCRCWEB/Lauriault
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