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Open Data in Digital

Society: Opportunities and Challenges

Aleksei Kelli

Professor of IP Law aleksei.kelli@ut.ee 20 April 20117

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“If you have an apple and I have an apple and we exchange these apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas.”

George Bernard Shaw

Source: http://www.goodreads.com/quotes/23088-if-you-have-an-apple-and-i- have-an-apple (19.4.2017)

Open science & open data:

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Open science & open data:

The key features of openness (Open Knowledge International):

• Availability and access;

• Reuse and redistribution;

• Universal participation.

Source: https://okfn.org/opendata/ (19.4.2017)

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Data:

Source: J. Gurin. Big data and open data: what’s what and why does it matter?

Available: https://www.theguardian.com/public-leaders-network/2014/apr/15/big- data-open-data-transform-government (19.4.2017)

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Opportunities :

• Builds public domain knowledge base;

• Saves taxpayers’ money (no need to repeat the study);

• Allow verification of research results;

• Enhances development of new services;

• Facilitates cooperation;

• Creates new possibilities (e.g. TDM)

• Supports democratic processes.

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Barriers to access and use :

• State, regional & international barriers:

– Regulatory (IP & personal data protection);

– Infrastructure (repositories);

– Data sharing models;

• Organizational barriers (lack of support);

• Individual barriers (motivation).

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Challenges:

• Quality of data (similar to OA journals);

• Conflicting policy and regulation:

– Open data vs. personal data protection;

– Open data vs. IP protection;

– Open data vs. entrepreneurial university;

• Ownership of data:

– Contractual arrangement;

– Trade secret protection;

Sui generis database rights;

De facto ownership or data producer’s right.

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