[OSGeo-Discuss] The amicus curiae brief in the Orange County, California public records / geo data court case

[Landon Blake]

This is an important case. Thanks for stepping up to take the lead on
the issue MPG.

Landon

On Fri, Dec 16, 2011 at 7:23 PM, Michael P. Gerlek <mpg at flaxen.com> wrote:
> I've volunteered to take point on this issue and do the homework, as a first step towards bringing to the Board for approval.
>
> I've started a wiki page listing some reading material about the case:
>
> http://wiki.osgeo.org/wiki/OrangeCounty_Amicus
>
> If anyone has any opinions about the issue (either pro or con!), please email me or email the list or add to the wiki.
>
> -mpg
>
>
>
>
>
>> -----Original Message-----
>> From: discuss-bounces at lists.osgeo.org [mailto:discuss-bounces at lists.osgeo.org] On Behalf Of Dan Putler
>> Sent: Friday, December 16, 2011 9:08 AM
>> To: discuss at lists.osgeo.org
>> Subject: [OSGeo-Discuss] The amicus curiae brief in the Orange County, California public records / geo data court case
>>
>> Hi all,
>>
>> I've been in contact with Bruce Joffe who has been working on an amicus
>> curiae ("friend of the court") brief associated with two court decisions
>> that have gone in completely opposite directions in California, one
>> involving Santa Clara County and the other involving Orange County. The
>> legal point is the same in both cases, is GIS data (parcel data in
>> particular) data or is it software? If it is data, then it is covered
>> under the California Public Records Act, requiring that it be released
>> to the public for reproduction costs, if it is software, it isn't
>> covered, and is subject to licensing fees. The judge in the Santa Clara
>> County case (correctly) determined it was data, while the judge in the
>> Orange County case (incorrectly) determined it was software. The case is
>> now heading to the California Supreme Court, and Bruce Joffe is rounding
>> up potential individuals and organizations to sign on to the amicus
>> curiae brief. More details about the situation was posted on the
>> Directions Magazine daily newsletter on Wednesday. Here is the link to
>> the article:
>> http://www.directionsmag.com/articles/sierra-club-vs-orange-county-pra-lawsuit-update-december-10-2011/219926
>>
>> My main purpose for posting this information to this list is to
>> determine if there is some mechanism by which the Open Geospatial
>> Foundation can be listed as one of the supporting parties in the amicus
>> curiae brief. I don't know if there is a mechanism for approving this,
>> but this seems like an issue that we should have a strong interest in.
>>
>> Dan
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>
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