KEMBAR78
Liability for open data | PDF
ePSIplatform
Conference 2013
Open Data and Liability –
Fiction or fact
  Laila Aslesen, Senior Legal Advisor, Kartverket
                 (Norwegian Mapping Authority )
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
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

Liability for open data

  • 1.
    ePSIplatform Conference 2013 Open Dataand 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 alegal 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