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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.