Liability for open data
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The document discusses liability issues related to open data and summarizes a legal case about a shipwreck. In the case, claims were made that notice to mariners did not include information about a sandbank and that navigators could not be expected to have the latest chart. However, the final decision found no negligence, and determined that any professional navigator would have had the latest chart and that the shipwreck was actually due to the condition of the ship. The document also notes that liability for data is not just a legal issue, as governments may pay due to potential bad publicity from lawsuits even if they are not at fault.
Liability for open data
- 1. ePSIplatform Conference 2013 Open Data and Liability – Fiction or fact Laila Aslesen, Senior Legal Advisor, Kartverket (Norwegian Mapping Authority )
- 2. Liability for data content • Case in question: Rocknes • Shipwrecked in January 2004 • Claims • Notice to Mariners did not include the bank • Navigators could not be expected to have the latest chart • Final decision in 2009 • No negligence and any professional navigator would have the latest chart • Shipwreck due to the conditions of the ship
- 3. Not just a legal issue • Why a law suit at all? • The gamble • Governments have deep pockets • Politics • Bad publicity may make the government pay • Shifting the blame • Claims were made early on that the construction compromised security for more profit