The French Ministry of Justice announced the release of a licence " Public Information freely re-usable license" during the first week of April 2010.

This new French licence specifies the legal conditions for the re-use of public information that is freely re-usable.

• Licence « information publique librement réutilisable » (French version)
• Licence « conditions of the reuse of public information that is freely reusable » (English version)

Several French organisations connected with open data issues and the French Press are discussing the new license and publishing news stories online.

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Regards Citoyens (French Association of citizens with shared interest in opening up information about the functioning of democratic institutions in France) has posted a blog topic entitled: “Licence « Information Publique »: un grand pas pour la France?” In this excerpt Regards Citoyens comments (approximate English Translation) (complete French Text online):

“One small step for OpenData, a big step for France! "This was our first reaction to the announcement of the release by the Ministry of Justice of the license" Public Information "freely reusable.

International projects like NosDéputés.fr or study redistricting, indiscriminate access to public data is essential reusable. Only the use of license allowing free and open reuse of these data may allow the emergence of new innovative projects. But as we explained earlier this month with our English counterparts of the Open Knowledge Foundation, the culture of public data is unfortunately not yet fully integrated within the French administration.

The enthusiasm was reflected in our formula has apparently interviewed some of our readers: Free License while guaranteeing universal access and reuse exist, why should welcome the emergence of a new license that would at first view, incompatible with free licenses are available? Indeed, in an ideal world, the arrival of a new license would not be good news. Plus there are licenses, the more they may be mutually incompatible. Consequently, exploitation and publication of data mixing different sources can be a real headache Legal:

• when a source allows the commercial exploitation of data and another is forbidden, under what licenses do I publish the resulting work?
• to pay for his accommodation, if a broadcaster decides to advertise, he must exclude datasets prohibiting the commercial exploitation?
• etc.

The pooling of knowledge about the existing licenses is an important effort. One is directed to the OKFN OpenDefinition with his project. This work, recognized internationally, clearly lays down the rules for determining whether a license associated with documents or data is free or not. The project also identifies the appropriate licenses according to the type of publication (documents, data,). Instead of inventing a new license for each release of data, it is preferable to employ those who are already internationally recognized. Their documentation and any related case law make it possible to limit the legal risks.

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LiberTIC (French non profit promoting open data in France and also working on e-democracy and government 2.0) published an informative interview with Regards Citoyens about the new Licence. This interview entitled: Licence pour les informations publiques et questions subsidiaires (License for public information and subsidiary issues) and here are some excerpts (approximate English translation) (complete French text online).

“What is the novelty of the IP? Ideally, this license does nothing more than free already existing licenses. We argue that the licenses friendly OpenDefinition proposed by the Open Knowledge Foundation is compatible with French legislation by requiring re-users of data to indicate the source of the original data, anyone can verify compliance with the integrity of the original data . If the licensee does not meet these conditions, the penalties provided by law under the CADA free access to administrative documents will apply.

With reference to Thomas Saint-Aubin in his article, a number of governments share this view and already publish their data in CC-BY-*.

However, we are obviously not in an ideal world. If governments are often willing, several actors at the heart of the issue see a very dim view of the use of such licenses: rather than develop the intermediate free licenses attribute value to innovators, entrepreneurs as citizens. Typically, legal services are hostile to free licenses in general: "We are sorry but free licenses are not compatible with French law. Thank you, goodbye. The work of the Department of Justice is remarkable in this respect: it demonstrates that the notion of free reuse is compatible with all existing laws.

- The arrival of this license must be seen as the 1st step towards a future opening and re-use of public data? This shows that the arrival of this license is that the movement of free and open public data is not only initiated by a few citizens or entrepreneurs. This proves that this movement is also mobilised in the public service. Now that the debate on the validity of free licenses is decided, we are hopeful that the relevant directorates join the movement and enhance the excellent work done by government.

- Is this license is the result of work of the APIE?

L’Agence de valorisation du Patrimoine Immatériel de l’État has worked for months to propose 'licensing model "used by different administrations. One would think that given the rise of free licenses, they would have the opportunity to offer compatibility with the existing licenses. For ideological reasons, the direction of the APIE has chosen to propose only royalty licenses. Article 36 of Decree of 30 December 2005, however, indicates clearly that the conditions for reuse of any document published in an administrative directory (place of publication of documents) must be given to re-users. Uninterested in the free licenses, the APIE tends to exclude their use.

The publication of this license for the free re-use of public information therefore arises inspite of the refusal of APIE to take an interest in free licenses and consider their contribution to the information society. Hopefully the APIE will seize the opportunity offered by the Department of Justice to revise its decision and work effectively on a license free!

- Is the license is to be widely circulated or limited to the Ministry of Justice? The license for free re-use of public data is absolutely not limited to only Department of Justice. It is therefore logical that it be used by a large number of public players. The Department of Justice is by definition the most able to assess, build and practice law. It makes sense that he is interested in this major legal issue that is the opening of public data. Since the EU Directive on PSI RE-USE encourages governments to better communicate their documents and government data, it makes sense that working on the Directory of Public Information, the Department decides to exercise his powers and this project is to help clarify the legal situation.

- This is a V1, what differences can there be on the V2? This license is not quite compatible with the OpenDefintion of OKFN recognized internationally. Section 7 limits the marketing of data or documents for derivative works and not only original works. This is a clause contrary to the definition made by OKFN. The fact that the data are freely available and they can not be separated from their source reduction is also marketing data. It is a pity to limit the emergence of service related to the dissemination of these data.

More broadly, the V2 should allow better compatibility with licenses accepted by OKFN. If the data or documents produced by the French government can not be combined with other sources of free information, their uses will be necessarily limited. - Public information not free (other holders) are still relevant, provisions are made to ensure that these formats are limited in the future?

To our knowledge, there is not, in France, political will to limit the use of non-free licenses for public information. Yet it is a very important brake on development of a modern information society that fosters innovation, enable all to better understand and evaluate public policies and government offers opportunities to better promote their work. The European institutions have clearly identified these issues as priorities. The Committee has established a Directorate General for Information Society, the European Parliament Intergroup an Open Information Society ", there exists a real European synergy in which France would be hard to participate. It is clearly time to act! “

Read More French Press Coverage

La nouveauté de la Licence IP (FING)

Le Ministère de la Justice crée une licence (Zdnet)

Une licence pour réutiliser librement les données (Paralipomenes)

L'Etat crée une licence "Information publique" pour préciser la loi (Numerama)

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