Title: State of Play: PSI Re-use in Spain
Author: Aporta Project (initiative form the Spanish Ministry of Industry, Tourism and Commerce and the Ministry of the Presidency)
Report
Friday, March 30, 2012
The PSI Directive info
EU portal - Legislative Actions - PSI Directive
This page contains usefull information about the Directive: reports and other studies and summaries.
2003: PSI Directive on the re-use of PSI
2009: The Review of the PSI Directive The communication form the Commission illustrates the problems around the re-use of PSI, specially practical issues between PSI holders and re-users, and among the last ones themselves.
2011: Proposal to amend the current Directive introduces new features:
It does not however mention anything about the legal issues surrounding exclusive arrangements still in place, they represent an infringement of Competition Law.
PSI Directive history
This page contains usefull information about the Directive: reports and other studies and summaries.
2003: PSI Directive on the re-use of PSI
2009: The Review of the PSI Directive The communication form the Commission illustrates the problems around the re-use of PSI, specially practical issues between PSI holders and re-users, and among the last ones themselves.
2011: Proposal to amend the current Directive introduces new features:
- General re-usability principle for public data;
- Maximum charges: the marginal cost for disseminating the information;
- Data should be made available in machine-readable formats where possible;
- Independent supervision of the implementation of the rules in all the Member States.
It does not however mention anything about the legal issues surrounding exclusive arrangements still in place, they represent an infringement of Competition Law.
PSI Directive history
Swedish Report on PSI Directive
This Swedish report entrusted by the Swedish Competition Authority to some of the leading experts on PSI clarifies crucial aspects of the PSI.
The terms object of clarification are:
Epsi note
The terms object of clarification are:
- Public task
- Exclusive rights
Epsi note
Paper on the yet fragmentary use of the PSI and its potential in the EU
Report published July 2010.
Author: Vries, de, M. (2010), ‘Reverse engineering Europe’s PSI re-use rules – towards an integrated conceptual framework for PSI re-use’. Epsiplatform
In the outline of the report the author seems to trying to convey that one of the reasons why the PSI is not fully exploited is the complexity of legal topics found in the PSI Directive: freedom of information law, ICT law, intellectual property law and competition law. And not just the complexity inherent on each of them, but also that they have being regulated by an amalgam of interregional, national and local laws.
He focuses in the interaction of engineering and the legal framawork in order to provide a secure concept framework in which both public sector and reusers can rely. This is supose to help the full explotation of the Diretive.
Report
Author: Vries, de, M. (2010), ‘Reverse engineering Europe’s PSI re-use rules – towards an integrated conceptual framework for PSI re-use’. Epsiplatform
In the outline of the report the author seems to trying to convey that one of the reasons why the PSI is not fully exploited is the complexity of legal topics found in the PSI Directive: freedom of information law, ICT law, intellectual property law and competition law. And not just the complexity inherent on each of them, but also that they have being regulated by an amalgam of interregional, national and local laws.
He focuses in the interaction of engineering and the legal framawork in order to provide a secure concept framework in which both public sector and reusers can rely. This is supose to help the full explotation of the Diretive.
Report
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