Commons:Deletion requests/Template:PD-NJGov

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This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

Not a free license. It permits copying, but not modification or the distribution of modified copies. Carnildo (talk) 21:54, 11 July 2013 (UTC)[reply]

Keep! I took a hard look at this license, as the record shows. I thought it was going to need to be deleted. But, it is a valid free license. The law explicitly allows use for "commercial purposes". Blanket permission for use for uses including commercial purposes necessarily includes modification and distribution. Do you dispute that permission for commercial use on Sundays isn't specifically granted, but nonetheless, commercial use is permitted even on Sundays? --Elvey (talk) 07:35, 13 July 2013 (UTC)[reply]
Kommentar That's not true at all. For example the CC-BY-ND license allows commercial use, but not modification. User:Armbrust (Local talk - en.Wikipedia talk) 08:59, 13 July 2013 (UTC)[reply]
Armbrust, The CC-BY-ND license specifically prohibits derivatives. There is nothing that indicates that New Jersey government material cannot be modified. The state website specifically says that materials can be distributed "without obligation to the State" which means that user are free to do what they want with them DavidinNJ (talk) 02:35, 15 July 2013 (UTC)[reply]
Comment I'm not saying that the files can't be modified in this case. I'm just saying, that the use for commercial purposes, doesn't necessarily mean also the allowance of derivative works. User:Armbrust (Local talk - en.Wikipedia talk) 22:23, 15 July 2013 (UTC)[reply]
Keep per Elvey's comments. The attached link states that "anyone may view, copy or distribute State information found here without obligation to the State." The "without obligation" verbiage is a blanket permission. DavidinNJ (talk) 02:02, 15 July 2013 (UTC)[reply]
It is blanket permission to do any of "view, copy, or distribute". Nothing in that license permits modifying without obligation to the state of New Jersey. --Carnildo (talk) 23:04, 15 July 2013 (UTC)[reply]
KEEP per Elvey and DavidinNJ, and the State of New Jersey, this is a valid free license. The copyright statement on the State websites is clear and unequivocal...they release their rights to anyone who may want to view, copy, or distribute.--ColonelHenry (talk) 02:59, 15 July 2013 (UTC)[reply]

Deleted: Any file hosted on Commons must allow derivatives, no exceptions. If it's copyright restricts derivatives, it cannot be hosted on Commons. FASTILY 08:36, 21 July 2013 (UTC)[reply]

This deletion discussion is now closed. Please do not make any edits to this archive. You can read the deletion policy or ask a question at the Village pump. If the circumstances surrounding this file have changed in a notable manner, you may re-nominate this file or ask for it to be undeleted.

This template has been deleted in the past for restricting derivatives. Are there any changes since 2013 in the New Jersey law acording this? JuTa 12:04, 4 March 2018 (UTC)[reply]

Please read the NJ Open Data act, which is cited in this template. It is explicitly mentioned in the law that all data released by the State of New Jersey released under their Open Data Act is public domain. The mentioned bill was signed in to law in 2016, after the initial discussion on this template. EDIT: the law is, N.J.S.A. 52:18A-234.5, specifically, "Open data and datasets made available by an agency on the open data website, unless subject to a disclosed legal restriction, shall be treated as license-free, subject to reuse, and not subject to copyright restrictions". A copy of this law can be found here, https://njlaw.rutgers.edu/collections/njstats/showsect.php?title=52&chapter=18A§ion=234.5&actn=getsect User talk:Acebarry 15:49, 4 March 2018 (UTC)[reply]
  • Looks like a valid copyright tag: "data" and "datasets" are apparently not subject to copyright. I'd imagine that images aren't included in "data" or "datasets" so we probably can't use this for any images, only for database extracts. This probably makes the tag more or less useless for our purposes.
That is not quite true. There are many PDFs that contain images that are hosted at data.nj.gov . It is very possible that one could extract an image from one of those PDFs. 00:28, 13 March 2018 (UTC) — Preceding unsigned comment added by Acebarry (talk • contribs)
@Acebarry: Do you have any examples of such PDFs?   — Jeff G. ツ please ping or talk to me 02:06, 13 March 2018 (UTC)[reply]
This template is currently only used for one file, File:Jeff-Van-Drew-njdmava-2017.jpg, which is also tagged as "OTRS pending" and "no license since". That file is an image, so if we assume that this tag doesn't cover any images, then the tag doesn't apply to that file. --Stefan2 (talk) 21:41, 11 March 2018 (UTC)[reply]
  • We should probably rename this to {{PD-NJGov-data}} instead, and reworded to say "a formatted dataset of the state government" instead of "a work of the State" to make it clear. Otherwise, it's certain to be misapplied more often than used correctly: It managed to mislead me (Commons:Undeletion requests/Current requests#New Jersey government files now potentially PD-NJGov) and I'm usually pretty good at this. This criteria is not as broad as the usual PD-??Gov templates, so it should be specified. Definitions from N.J.S.A. 52:18A-234.3:

    "Data" means final versions of statistical or factual information in alphanumeric form, in as granular form as possible, and reflected in a list, table, graph, chart, map, or other non-narrative form that can be digitally transmitted or processed, and regularly created or maintained by or on behalf of and owned by a State department or agency...

    "Dataset" means a named collection of related, digitally-stored data with the collection containing individual data units organized or formatted in a specific and prescribed way, often in tabular form, and accessed by a specific access method that is based on the dataset organization...

    So Stefan2 may be right: This might only apply to the most obvious traditional definition of "data" as in statistics and factual tables, not to the broader concept of "everything on a computer is data". --Closeapple (talk) 22:17, 11 March 2018 (UTC)[reply]
  •  Keep, rename, and reword per Closeapple.   — Jeff G. ツ please ping or talk to me 00:50, 12 March 2018 (UTC)[reply]

Deleted: I have deleted this template rather than renaming it as suggested above. The reason I did that is that anything that falls within the scope of the cited law -- a dataset -- is outside of the scope of Commons, so the renamed template would be useless. Also note that broadly speaking datasets have no copyright in the USA, so the law has no real effect. .     Jim . . . (Jameslwoodward) (talk to me) 10:11, 13 March 2018 (UTC)[reply]