Transcript Slide 1

Laetoli trackway, August 1995
© J. Paul Getty Trust
Geographic Data: A Public Good ?
(including an examination of the WDPA case history)
Tom Moritz
Getty Research Institute
PRBO
June 7, 2007
The Conservation Commons
promotes and enables
conscious, effective and equitable sharing
of knowledge resources
to advance conservation.
RIO DECLARATION ON ENVIRONMENT AND
DEVELOPMENT (1992)
Principle 10
Environmental issues are best handled with
participation of all concerned citizens, at the relevant
level. At the national level, each individual shall have
appropriate access to information concerning the
environment that is held by public authorities,
including information on hazardous materials and
activities in their communities, and the opportunity
to participate in decision-making processes. States
shall facilitate and encourage public awareness and
participation by making information widely available.
Effective access to judicial and administrative
proceedings, including redress and remedy, shall be
provided
3 Principles of the Conservation Commons
1.
Promote Free and Open Access
2. Mutual Benefit (Reciprocity)
3. Rights and Responsibilities
 Attribution
 Integrity of Original Work
Convention on Biological Diversity: Article 17
Exchange of Information
1. The Contracting Parties shall facilitate the exchange of
information, from all publicly available sources, relevant to
the conservation and sustainable use of biological diversity,
taking into account the special needs of developing
countries.
2. Such exchange of information shall include exchange
of results of technical, scientific and socio-economic
research, as well as information on training and
surveying programmes, specialized knowledge,
indigenous and traditional knowledge as such and in
combination with the technologies referred to in
Article 16, paragraph 1. It shall also, where feasible,
include repatriation of information.
http://www.biodiv.org/convention/articles.asp?lg=0&a=cbd-17
KNOWLEDGE RESOURCES: Applied Induction
Technology
PUBLICATION
Repatriation of biodiversity information through Clearing House Mechanism of the Convention on Biological
Diversity and Global Biodiversity Information Facility; Views and experiences of Peruvian and
Bolivian non-governmental organizations. Ulla Helimo Master’s Thesis University of Turku Department of
Biology 6.10. 2004 p.11. http://enbi.utu.fi/Documents/Ulla%20Helimo%20PRO%20GRADU.pdf [06-06-05]
Poder Politico y Conocimiento
Alto
Políticos
Administradores
o Gestores
AnalistasTécnicos
Científicos
Bajo
Alto
Conocimiento (en términos científicos-occidentales)
(Sutton, 1999)
From: Organizaciones que aprenden, paises que aprenden: lecciones y AP en Costa Rica by Andrea
Ballestero Directora ELAP (San Jose, Costa Rica)
Some other working definitions…
• “Data”:
Observations, descriptions or measurements recorded
and reported in some standard way… (often also used to describe
the digital form used for recording and storage – see following slide)
• “Information”:
Reasoned associations of data (often
having the property of being theoretical or hypothetical)
• “Experience”: Personal or collective recollection and
interpretation of events
• “Expertise”: Individual or collective knowledge that is
considered reliable by virtue of accomplishment
• “Knowledge”:
Rational assumptions derived from
information and experience, presumed to be “true” and “reliable”
(knowledge often has the property of seeming “obvious” or of being
“factual” )
“DATA”? : Digital Representation
“The term ‘data’ ... Refer[s] to any information that can be
stored in digital form, including text, numbers, images,
video or movies, audio, software, algorithms, equations,
animations, models, simulations, etc. Such data may be
generated by various means including observation,
computation, or experiment.”
Draft Report of the [US] National Science Board. Long-Lived Digital Data Collections: Enabling Research
and Education in the 21st Century [March 30, 2005]
http://www.nsf.gov/nsb/meetings/2005/LLDDC_draftreport.pdf [March 29, 2006]
The Knowledge Cycle
in the International Conservation Community
Colin Bibby, 2002
“The substantive findings of science are a product of social
collaboration and are assigned to the community. They
constitute a common heritage in which the equity of the
individual producer is severely limited…”
“The scientist’s claim to “his” intellectual “property” is limited
to that of recognition and esteem which, if the institution
functions with a modicum of efficiency, is roughly
commensurate with the significance of the increments
brought to the common fund of knowledge.”
Robert K. Merton, “A Note on Science and Democarcy,” Journal of Law and Political Sociology 1 (1942):
121.
“Factual data are fundamental to the progress of
science and to our preeminent system of innovation.
Freedom of inquiry, the open availability of scientific
data, and full disclosure of results through
publication are the cornerstones of basic research,
which both domestic law and the norms of public
science have long upheld.”
J.H. Reichman and P.F Uhlir. “A contractually reconstructed research commons for scientific data in
a highly protectionist intellectual property environment.” in The Public Domain. J.Boyle, ed.
Durham, NC: schoolo of Law, Duke University. (Law and Contemporary Problems, Vol.66 nos 1&2 )
2003
The “small science,” independent investigator approach traditionally has characterized a
large area of experimental laboratory sciences, such as chemistry or biomedical research,
and field work and studies, such as biodiversity, ecology, microbiology, soil science, and
anthropology. The data or samples are collected and analyzed
independently, and the resulting data sets from such studies generally are
heterogeneous and unstandardized, with few of the individual data holdings
deposited in public data repositories or openly shared.
The data exist in various twilight states of accessibility, depending on the
extent to which they are published, discussed in papers but not revealed, or just known
about because of reputation or ongoing work, but kept under absolute or relative secrecy.
The data are thus disaggregated components of an incipient
network that is only as effective as the individual transactions that
put it together. Openness and sharing are not ignored, but they are not necessarily
dominant either. These values must compete with strategic considerations of self-interest,
secrecy, and the logic of mutually beneficial exchange, particularly in areas of research in
which commercial applications are more readily identifiable.
The Role of Scientific and Technical Data and Information in the Public Domain: Proceedings of a
Symposium. Julie M. Esanu and Paul F. Uhlir, Eds. Steering Committee on the Role of Scientific and
Technical Data and Information in the Public Domain Office of International Scientific and Technical
Information Programs Board on International Scientific Organizations Policy and Global Affairs Division,
National Research Council of the National Academies, p. 8
“The field of knowledge is the common
property of all mankind “
Thomas Jefferson 1807
Finland
“Structure of the World Wide Web in Finland. Circles denote sites and lines denote connecting links.”
Courtesy of Bernardo Hubernman (HP Labs, Palo Alto)
from B. Huberman The Laws of the Web, Cambridge, MIT Press, 2001
“Image Families”
Optimal use of digital
objects depends on
“heritability”-defined in terms of:
•technical integrity (of
image)
•semantic properties
•legal ownership
From:Howard Besser. The Next Stage:
Moving from Isolated Digital Collections to
Interoperable Digital Libraries by First
Monday, volume 7, number 6 (June 2002),
URL:
http://firstmonday.org/issues/issue7_6/bes
ser/index.html
TYPES OF USES
That May Be Addressed by Fair Use
The 2003 OCLC Environmental Scan: Pattern Recognition (A report to the OCLC
Membership) Dublin, Ohio, OCLC Online Computer Library Center, 2004. p.45.
“Research Commons”
The Public Domain
Knowledge
Commons
THE ROLE OF SCIENTIFIC AND TECHNICAL DATA AND INFORMATION IN THE PUBLIC DOMAIN PROCEEDINGS OF A SYMPOSIUM Julie M. Esanu
and Paul F. Uhlir, Editors Steering Committee on the Role of Scientific and Technical Data and Information in the Public Domain Office of
International Scientific and Technical Information Programs Board on International Scientific Organizations Policy and Global Affairs Division,
National Research Council of the National Academies, p. 5
THE PUBLIC DOMAIN
Pamela Samuelson, “Mapping the Digital Public Domain: Threats and Opportunities,”
66 Law & Contemp. Probs. 147 (Winter/Spring 2003)
http://www.law.duke.edu/shell/cite.pl?66+Law+&+Contemp.+Probs.+147+(WinterSpring+2003)#H1N2 [June 6, 2007]
“…a scientific article may contain three or four categories of
public domain contents.”
“ To the extent scientific data are either collected in or
transposed into digital form, they can then be shared
and processed more readily than if they remained in
paper files in the basement of a scientist’s lab. Global
digital networks mean that scientists from around the
world can share data sets and conduct experiments,
leading to discoveries that will contribute to further growth
of the public domain.”
Pamela Samuelson, “Mapping the Digital Public Domain: Threats and Opportunities,” 66 Law &
Contemp. Probs. 147 (Winter/Spring 2003)
http://www.law.duke.edu/shell/cite.pl?66+Law+&+Contemp.+Probs.+147+(WinterSpring+2003)#H1N2
[June 6, 2007]
Should scientific knowledge be a “commodity” ???
???
Julian Birkinshaw and Tony Sheehan, “Managing the Knowledge Life Cycle,”
MIT Sloan Management Review, 44 (2) Fall, 2002: 77.
Differing Interpretations of IPR Regulation
Current Norms
Reductionists
Maximalists
Expansionists
BENEFITS
Intellectual Property Rights
Brotherhood of Painters, Decorators, and Paperhangers of America.; Screen Cartoonists Local Union No. 852
(Hollywood, Calif.); Animation Guild and Affiliated Optical Electronic and Graphic Arts, Local 839 I.A.T.S.E. (North
Hollywood, Los Angeles, Calif.); Motion Pictures Screen Cartoonists Local 839, I.A.T.S.E.
Archiving Data?
Integrity?
Security ?
Provenance?
GRIDS
Data
Centers
Individual
Libraries
International
Collaborative
Research Effort
National Disciplinary Initiatives
Cooperative Projects
Local /
Personal
Archiving
Individuals
“Small Science”
“BIG Science”
Attributes of a Trusted Digital Repository
“The attributes of a trusted, reliable digital repository need to be identified. A framework of
attributes must accommodate all different situations and institutional responsibilities while
providing a basis for expectations of a trusted repository. The following list reflects the
emerging expert community’s thinking about such attributes:
– Compliance with the Reference Model for an Open Archival
Information System (OAIS)
– Administrative responsibility
– Organizational viability
– Financial sustainability
– Technological and procedural suitability
– System security
– Procedural accountability
Trusted Digital Repositories: Attributes and Responsibilities An RLG-OCLC Report. RLG Mountain View, CA May 2002. p.13
"...let us save what remains: not by vaults
and locks which fence them from the
public eye and use in consigning them to
the waste of time, but by such a
multiplication of copies, as shall place
them beyond the reach of accident."
Thomas Jefferson, [1791] Thomas Jefferson to Ebenezer Hazard, Philadelphia, February 18,
1791.
In Thomas Jefferson: Writings: Autobiography, Notes on the State of Virginia, Public and Private Papers,
Addresses, Letters, edited by Merrill D. Peterson. New York: Library of America.
Knowledge Flows:
“Leaking”? or “Conscious Sharing”?
•
•
•
•
•
•
Subcontracting
Joint ventures
Cross licensing
Portfolio Sharing
Collaborative Research Grants
Universities (as vectors)
• PUBLIC DOMAIN / COMMONS
• OPEN ACCESS / RESPONSIBLE USE
From Brown and Duguid, The Social Life of Information…
Creative Commons Licensing Options
http://creativecommons.org/about/licenses/comics1/ [June 6, 2007]
2007]
As of June, 2007 licenses have been drafted for 37 countries…
http://creativecommons.org/worldwide/
The Problem?
“When an author publishes a book or a paper, many publishers ask the author to transfer all
copyrights in the work to the publisher. But that is not always to the author's advantage.
“When authors assign to publishers all of the rights that comprise the bundle of rights known
as copyright, they lose control over their scholarly output. Assignment of copyright
ownership may limit the ability of authors to incorporate elements into future articles and
books. Authors may not be able to use their own work in their teaching, or to authorize
others at the institution or elsewhere to use materials.
“Unless addressed in the transfer agreement, the publisher may forbid an author to do
the following:
– Post the work to the author's own web site, an institutional repository, or a
subject-based repository.
– Copy the work for distribution to students.
– Use the work as the basis for future articles or other works.
– Give permission for the work to be used in a course at the author's institution.
– Grant permission to faculty and students at other universities to use the
material. “
Hirtle, Peter B., “Author Addenda: An Examination of Five Alternatives,” D-Lib Magazine, November
2006, V.12:11. http://www.dlib.org/dlib/november06/hirtle/11hirtle.html
Can Databases be Copyrighted ?
“Databases usually are comprised of at least four elements:
(1) a set of field names identifying the data;
(2) a structure (or model), which includes the organization of fields and
relations among them;
(3) data sheets;
(4) data.
“All of the Creative Commons licenses can be applied to these elements
to the extent that copyright applies to them. Copyright applies to
minimally creative works expressed in a fixed form. In most
databases, items (2) and (3) - the structure and the data sheet - will
reflect sufficient creativity for copyright to apply. A Creative Commons
license applied to these elements will permit copying of these
elements under the conditions of the license selected. Field names,
such as “Address” for the name of the field for street address
information, are less likely to be protected by copyright because they
often do not reflect creativity. “
http://sciencecommons.org/resources/faq/databases/ [June 6, 2007 ]
Copyrighting Databases…?
There are three things to keep in mind when considering whether to
apply a Creative Commons license to a database:
(1) that the necessary rights or permissions have been obtained to
make a database and any copyrightable elements available under a
Creative Commons license;
(2) that only those parts of the database that the database provider
wants to make available under a Creative Commons license are so
licensed; and
(3) if not all aspects of the database are protected by copyright, there
should be a clear statement to this effect to indicate to users which
aspects are subject to the license and which are not.
“In the United States, data will be protected by copyright only if they
express creativity. Some databases will satisfy this condition, such
as a database containing poetry or a wiki containing prose. Many
databases, however, contain factual information that may have
taken a great deal of effort to gather, such as the results of a series
of complicated and creative experiments. Nonetheless, that
information is not protected by copyright and cannot be licensed
under the terms of a Creative Commons license.”
“As a general rule, copyright is said to protect “expressive, creative
works” that are fixed in a tangible medium. The requirement that
a work be expressive and/or creative to attract copyright protection
means that it has to be the product of someone’s effort and
ingenuity. Mere facts and ideas are not protectable. This has
particular importance for databases because databases often
contain compilations of factual information.”
http://sciencecommons.org/resources/faq/databases/ [June 6, 2007 ]
DIRECTIVE 96/9/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL of 11 March 1996
on the legal protection of databases
CHAPTER III
SUI GENERIS RIGHT
Article 7
Object of protection
1. Member States shall provide for a right for the maker of a database
which shows that there has been qualitatively and/or quantitatively a
substantial investment in either the obtaining, verification or
presentation of the contents to prevent extraction and/or reutilization of the whole or of a substantial part, evaluated
qualitatively and/or quantitatively, of the contents of that database.
WDPA?
SEE: http://www.unep-wcmc.org/wdpa/
And
Moritz, Tom
“Conservation Partnerships in the Commons? Sharing data and information,
experience and knowledge, as the essence of partnerships”
Museum International No. 224 (Vol. 56, No. 4, 2004) ª UNESCO 2004
http://www.eco-index.org/search/pdfs/moritz_english.pdf
“Information Management”?
“Information management is a body of thought and cases
that focus on how information itself is managed,
independent of the technologies that house and manipulate
it.
It deals with information issues in terms of valuation,
operational techniques, governance, and incentive schemes.
“Information,” in this context, generally means documents,
data, and structured messages. “
L. Prusak, Where did knowledge management come from?,
IBM Systems Journal Volume 40, Number 4, 2001,
http://www.research.ibm.com/journal/sj/404/prusak.html
"As access to information dramatically expands,
so that people increasingly have access
to almost all the information they might need
at any time and in any place
(and, surprisingly, at low or no cost),
the value of the cognitive skills still unreplicable by
silicon becomes greater."
L. Prusak, Where did knowledge management come from?, IBM Systems Journal Volume 40, Number 4, 2001
[ “Knowledge Management”], http://www.research.ibm.com/journal/sj/404/prusak.html
The Conservation Commons
promotes and enables
conscious, effective and equitable sharing
of knowledge resources
to advance conservation.