New Protocol for Implementing Open Access Data

First day back today - I have some exciting law/digital curation news for you.

You may remember my posts back in October about the development of an open data commons database licence. Well, work on this has progressed and just before Christmas Science Commons announced a protocol for implementing open access data. The announcement was as follows:

"Today, in conjunction with the Creative Commons 5th Birthday celebration, Science Commons announces the Protocol for Implementing Open Access Data (”the Protocol”).

The Protocol is a method for ensuring that scientific databases can be legally integrated with one another. The Protocol is built on the public domain status of data in many countries (including the United States) and provides legal certainty to both data deposit and data use. The protocol is not a license or legal tool in itself, but instead a methodology for a) creating such legal tools and b) marking data already in the public domain for machine-assisted discovery.

You can read the Protocol here.

We built the Protocol after a year- long process of meetings and consultations with a broad set of stakeholders, including representatives of the geospatial and biodiversity science communities. We solicited input from international representatives from China, Uganda, Brazil, Japan, France, Netherlands, Germany, Italy, the United Kingdom, Colombia, Peru, Belgium, Catalonia and Spain.

We expect to convert this work into a working group with founding members from our existing communities of practice. However, the world is moving very quickly in terms of data production, and as such we created the Protocol as a guide and as a tool to bring together the existing data licensing regimes into a single space.

As part of that decision, Science Commons has worked with data licensing thought leaders and is pleased to announce partnerships with Jordan Hatcher, the lawyer behind the Open Database License; Talis, the company behind the Open Database License process; and the Open Knowledge Foundation, creators of the Open Knowledge Definition.

Jordan has drafted the Open Data Commons Public Domain Dedication and License - the first legal tool to fully implement the Protocol. It is available at his Web site. This draft is remarkable not just for the Public Domain Dedication but for the encoding of scholarly and scientific norms into a standalone, non-legal document. This is a key element of the Protocol and a major milestone in the fight for Open Access data. Talis, a company with a strong history in the open science data movement, played a key role in birthing Jordan’s work, and we’re pleased to work with them as well.

We are also pleased to announce that the Open Knowledge Foundation has certified the Protocol as conforming to the Open Knowledge Definition. We think it’s important to avoid legal fragmentation at the early stages, and that one way to avoid that fragmentation is to work with the existing thought leaders like the OKF.

We will be launching a wiki for comments on the Protocol soon, and will announce a strategy for versioning the Protocol in 2008."

I'll keep you updated!