Alan Edwards Co-chair / European Commission On behalf of the Data Sharing Task Force 21 st Meeting of the GEO Executive Committee Geneva, Switzerland March 2011 Report of the Data Sharing Task Force

The 2010 GEO-VII Plenary adopted this Action Plan for the Implementation of the GEOSS Data Sharing Principles GEOSS Data Sharing Action Plan And extended the mandate of the current Data Sharing Task Force by 1 year

Commit(ed GEO Members) to: (i)maximize the number of documented datasets made available on the basis of full & open access; (ii)create the GEOSS Data Collection of Open Resources for Everyone (GEOSS Data CORE), a distributed pool of documented datasets with full, open and unrestricted access at no more than the cost of reproduction and distribution; and (iii)develop flexible national and international policy frameworks to ensure that a more open data environment is implemented, thus putting into practice actions for the implementation of the GEOSS Data Sharing Principles; The 2010 GEO Ministerial Declaration

Principal focus of the DSTF during 2011 On the implementation of the GEOSS Data-CORE And on making recommendations to the GEO-VIII Plenary resulting from the: “study of the evolution of intellectual property, licensing and other frameworks, including the possible applicability in GEOSS of approaches such as Creative Commons, and related issues such as legal liability. This could also include examining and recommending the appropriateness and feasibility of adopting, or not, common intellectual property, licensing or other models in the GEOSS context as possible options to support the implementation of the Data Sharing Principles.

Basic Framework for the implementation of the Action Plan during 2011* Three data categories will be used initially, (i.e., until at least GEO VIII): –geossDataCore; –geossNonCommercial; –geossOther. * Decisions taken by the DSTF are for the purpose of enabling the DSTF and other parties to carry out the initial work related to the implementation of the GEOSS Data Sharing Action Plan. Based upon this work, the DSTF will make Recommendations to the GEO-VIII Plenary for decision by Plenary. Hence any decisions taken by the DSTF do not constitute the formal position of GEO. They merely provide a framework within which the GEO Community can work during 2011.

Basic Framework for the implementation of the Action Plan during 2011 –geossNonCommercial; Proposed definition to be used within GEO: Non-commercial use only: "The data provider makes data accessible through the GEOSS on the basis of full and open exchange (at no more than the cost of reproduction and distribution) and with unrestricted access, except that the data may be used only in situations where there is no expectation of use in any manner that is primarily intended for, or directed toward, commercial advantage or private monetary compensation.

GEO will not act as a banker. Where costs are charged by the provider, then any financial transactions and transfer of funds must be undertaken directly between the user and data provider. The data provider will be required to work with the user to enforce any restrictions placed on data. The task of the GEO will be to make these restrictions known to the user, based upon the information provided by the data provider, and to facilitate the contact between the user and the provider. Basic Framework for the implementation of the Action Plan during 2011

User registration will be implemented using a combined approach incorporating an "open ID type" element, (a federated solution for authentication), and an additional GCI component. No personally identifiable information will be held by GEO in the GCI component. User / usage metrics should be developed. However, all user / usage information will be aggregated to prevent the identification of individual users. (Note: GEO needs usage metrics to demonstrate the value of GEOSS.)

GEOSS Data-CORE A Roadmap on Implementation of the GEOSS Data- CORE has been developed; A Guidance document on implementation of the GEOSS Data-CORE in the GCI has been developed; Initially, at least three user scenarios will be tested: –New Data-CORE resources are registered in the GCI; –Data already in the GCI are added to the GEOSS Data-CORE and the metadata are updated; –Catalogue providers identify and label GEOSS Data- CORE data in their existing catalogues.

GEOSS Data-CORE Roadmap 1.GEOSS Data-CORE Implementation Guidance Document (done) 2.Registration prototypes to be implemented and tested (prototype ready, testing to begin) 3.Search and discovery of GEOSS Data-CORE (prototyping underway) 4.Notification to GEO community about process for implementing GEOSS Data-CORE (Target summer 2011)

Attribution In the registration process, data providers will need to declare if and how attribution of the source is required; The data provider is responsible for putting any attribution requests & requirements in the metadata; The DSTF report to the GEO-VIII Plenary should include a section on attribution. A potential GEOSS Citation Standard approach is being developed within the activities performed by the ST task team

User Registration & Attribution User Registration and Attribution are central to the implementation of the GEOSS Data-CORE. (GEO-VII took the view that user registration and attribution should not be seen as a restriction to the registration of data in the GEOSS Data-CORE. Indeed, attribution is seen as something to be promoted.) Studies on User Registration and Attribution will therefore be included in the revised 4th Architecture Implementation Pilot AIP-4 plan.

Legal Liability GEO is not a legal entity / juridical person. So it cannot enter into contracts, does not have legal liability, and cannot be sued. It is also questionable whether it could enter directly into licenses. Governments generally cannot be sued since they have sovereign immunity, and UN organizations most probably can also not be sued. This leaves some Participating Organizations exposed to risk, but the risk is likely to be minimal.

Legal Liability Nonetheless, GEO should take a common sense approach toward decreasing risk to GEO, Participating Organizations and GCI service providers. In the interest of full disclosure, GEO should put appropriate legal disclaimers and/or waivers on the GCI website, (but not on individual data sets), and it should be clear when a user is leaving the GEOSS website. Legal liability clauses are (so it was reported) no longer included in Creative Commons licenses, so it is important to put a disclaimer on the GCI website and to possibly give guidance to data providers. A Sub-Group will draft possible legal terms and disclaimers for consideration initially by EXCOM.

IPR, Licensing & Other Frameworks The DSTF has created a Legal Sub-Group, to help advise the DSTF on these issues. The Legal Sub-Group will be involved in drafting a high-level functional requirements paper. This Sub- Group will put together a draft high level document for the July Executive Committee articulating the general problem, issues and benefits of adopting existing or other schemes of licensing, in order to present options.

IPR, Licensing & Other Frameworks Proposals in this area would not oblige US federal data contributed to the GEOSS to be covered by a license. The Plenary will decide whether a licensing structure should be introduced into GEOSS and what form that structure should take, if a licensing scheme is adopted. The DSTF will provide a report to Plenary describing various options and their respective ramifications, and it may also make recommendations.

IPR, Licensing & Other Frameworks An example of a possible license map using Creative Commons. (Please note, this is an example, NOT A PROPOSAL.)

Conclusions The DSTF asks the Executive Committee to endorse: the process set out in the Roadmap for the GEOSS Data-CORE; the framework for the implementation of the Action Plan during 2011.