Legally, the ICO is right.
If an authority already makes information available by another means,
whatever license or charge it makes, it doesn't have to release it to
you under FOI.
Moreover, release under FOI itself gives you no special rights to do
anything with the data at all (e.g. redistribute). Any such rights
would, in theory, have to be separately granted.
Of course, you can do certain things with any copyrighted data,
as WhatDoTheyKnow's help says:
"You can, of course, write articles about the information or summarise
it, or quote parts of it. We also think you should feel free to
republish the information in full, just as we do, even though in
theory you might not be allowed to do so. See our policy on
copyright."
http://www.whatdotheyknow.com/help/about#reuse
Morally and practically though, it's rubbish.
Depending on the data and the authority and the circumstances, you
might decide to agree to the license, but then break it and use the
data how you want anyway.
Are they really going to sue you for doing something generally useful?
And what will their voters think if they do do that? Depends what you
are doing though.
Combine that with lobbying your local councillors on the subject. They
can pass a motion - perhaps building on one like this, to add clauses
about licensing of released data.
http://www.rtaylor.co.uk/cambridge-city-council-decide-to-make-a-huge-leap-forward-in-terms-of-openness-and-transparency.html
Francis
On Tue, Jul 13, 2010 at 04:16:28PM +0100, paul perrin wrote:
> Just wanted a straw poll of the assembled wisdom...
>
> I put in an FoI request using whatdotheyknow. The council said the info was
> available on their website. The website requires registration and agreement
> to a load of additional licensing conditions.
>
> I don't want to register or agree to the additional conditions - limiting
> how the information can be used analysed (one screen print at a time, no
> extraction of info etc)
>
> I complained to the info commissioners office (that the info wasn't
> reasonably available) they have said that FoI doesn't override copyright so
> that's tough...
>
> I don't see the limits being imposed by registration as a 'copyright'
> agreement - so don't think this applies...
>
> My FoI request >
> http://www.whatdotheyknow.com/request/list_of_licensed_premises
> Council licence agreement >
> http://www.brighton-hove.gov.uk/index.cfm?request=c1204374
>
> Am I being unreasonable? is the Information Commissioner right?
>
> Cheers
>
> Paul /)/+)
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