[CivicAccess-discuss] Guerilla Open Access

[Russell McOrmond]

Heather Morrison wrote:
> As an illustration of why the legislation is needed.  A bad and totally 
> inappropriate example, but might convince a busy legislator who doesn't 
> really have time to read and think about the details of every piece of 
> legislation that comes their way.

   I think this issue is entirely different than the US OA issue, 
especially since the opposition is to an actual policy.

   There is no visible anti-lobby in the case of releasing the PCFRF 
data.  If there is an "anti" group within government, for whatever their 
reason is, they have not come forward.  There is existing "cost 
recovery" policy that is being (IMHO mis-)interpreted to mean they have 
to charge for this data, and the bureaucrats claim their hands are tied.

   This is an issue that nobody inside of government or parliament who 
is in a position to actually make a better decision is even aware that 
the problem exists.

   There can't be a successful lawsuit for infringing this crown 
copyright.  Sure, there is a $value attached to this "product" offered 
by Statistics Canada, but a lawsuit would only further expose the 
stupidity of charging for this data and putting a draconian proprietary 
license on it in the first place.


   I guess I also have a basic feeling about the law.  Either you obey 
the law or you publicly break it because you disagree with it and want 
it changed.  Breaking the law and hiding the fact that you are breaking 
it is just disobedience, not civil disobedience.  If we then publicly 
call deliberately breaking the law in secret "Guerilla Open Access" then 
we will be giving the OA movement a bad name.

IE: I think it we want to ensure the OA movement retains a good name we 
have only two options: obey current crown copyright and do not try to 
gain access to this data illegally, or if we infringe copyright we do so 
publicly.



   That's my 2c anyway, and will now return everyone to their regularly 
scheduled program ;-)

-- 
  Russell McOrmond, Internet Consultant: <http://www.flora.ca/>
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