Licensing Question

Question

I have received a request to access the Financial Performance Indicators for Canadian Business from an external user from the business sector.

Normally, for a DLI product, I would simply turn down the request as this person is not associated with Concordia. But in this case the product is both a DLI and DSP item. In general, depository libraries are responsible for making DSP documents available to the public. So my question is: what rules apply for those hybrid products? DSP or DLI? Or is the answer to provide access to the data but only under strict non-commercial provisions?

Answer

1) In my view we have a real problem with downloading executable programmes. We have had the same kind of request and I have responded to specific questions that the public user needed answered rather than give out the whole programme.. With our DLI users we have used the IDLS with a ezproxy access, however once they have the zip file on their computer we have to rely on the restricted use document that is part of the entry protocol.

2)We have also tussled with this problem at Kwantlen. The short answer is that the DLI license takes precedence over the DSP license. There are examples in the DLI licensing case study collection.

The DSP, despite its central function of making Canadian publications available to the public through depository libraries, has strongly discouraged circulating any DSP CD-ROMs. I disagree with Tony Moren's reasons for not lending DSP CD-ROMs as you'll see from the long chain of emails with the DSP and within Kwantlen appended to this email. At an institution like ours where there are no public/student workstations with CD drives for on-campus use, this essentially make them inaccessible and useless. I was therefore happy to note the DLI override.

Until recently, I would burn a copy of the frequently requested DLI CD-ROMs and place them on reserve for short term loan. Since only Kwantlen borrowers (authorized users) can borrow reserve items, this controlled the access. I also emblazoned the jewel cases and CD's themselves with the license info. We now offer authenticated web-based access to many DLI files through IDLS and CHASS. I am in the midst of setting up a "conditions of access" page for these services that users must accept before being allowed authenticated access to any DLI files on IDLS. I've already set it up for our CHASS Canadian Census Analyser and CANSIM subscriptions.

I hope this helps. We're quite new members of DLI and a relatively small institution, so I've been figuring this out as we go. I'd appreciate hearing how others manage these resources.

Follow-up Question

Just to muddy the waters a bit more, do we have the same level of access to this product through both programs? I have a fuzzy recollection of the DSP version of this product providing only Canada level data, whereas the DLI version allows province-level data…

Follow-up Answer

1) I checked through the listserv archives and your memory served you well. This issue came up in 2005, and it was determined that there were differences between the DLI and DSP versions. According to the message I found, the DSP version only contains national data, whereas the DLI version includes data at the provincial level. This would mean that the provincial level data would be subject to the DLI rules.

DLI contacts can access the full-text of the post at the following link:

http://www.statcan.gc.ca/dli-ild/data-donnees/mhonarc/dli-ild-msg/msg08536.html

The message also notes that the distinction between the DSP and DLI versions is unclear due to the way the product was registered. There is also no way to determine this distinction from any of the documentation.

We would like to investigate this issue further to make sure that we have the full story. We will be sure to keep you posted of what we find out.

2) This discussion on license for the Financial Performance Indicators for Canadian Business has raised some very interesting issues and I think, the DSP vs the DLI license has to be addressed by looking at what community this was designed for. In some cases, this can be confusing but if you go back to the basics, this becomes easier. One must also keep some special circumstances in mind and Chris raised a good example of this taking into account her own reality and what she needs to function with.

I'll take the census for example and the public's perspective:

1- There are data accessible from the StatCan Internet site for everyone. This means that I can go home and access that data directly without going through any intermediary. Census refers to level one access.

2- There are data accessible only through the DSP libraries. This means that in order to access these data, I have to leave home and go to the public library to access that level of information. Census refers to level two access. This is the case where you cannot distribute data or CDROMS and these are only accessible to the public when they access a computer at a public library. In order to identify who has access, Census was provided with all the IP addresses from DSP libraries and this allow them to give access to that level of data with the provision that DSP libraries provide access to these data through a computer on site. Some libraries have dedicated a computer or some computers for accessing data according to the DSP agreement.

3- There are data that are only available through the ROs and in order for anyone from the public to have access to these data, they have to buy it. It refers to level three data.

Now, let look at the DLI's perspective:

The DLI license allow the access to the data for research and training purposes to these institutions which are part of the DLI. Author Divisions including Census have agreed to provide the DLI with standard electronic products. What it means for Census is that DLI has access to all data they produce excluding the data produce from the Census Custom Services. From the Institution's perspective, there are different ways of making the data available to your constituency. You can provide the data on a CD as Chris is doing which is fine. Other institutions have put in place a system that allows their users to access the DLI information through a server which controls access and this is also fine. Others download the data on a CD and provide that CD to the user which is also fine. Some institutions where students have laptops, in some classes they are downloading some files on their laptop and professors indicate or remind students about the use of these data within the DLI license and this is also fine. We have to move with the technology and accommodate users within the environment they are working in.

Overall, I don't think it's one license overriding another but these are licenses directed at providing access to users from different communities.

The problem then is when a smaller institution does not have all the equipment (numbers of computers) they can dedicate or restrict to allow the proper access according the licenses aimed at different communities. They realistically have to choose and this is what Chris has done. (By the way, I greatly appreciate your example, Chris, because it's a reality check and I completely understand and support your position.)

Now for the Financial Performance Indicators for Canadian Business

The DLI version includes data for the provinces, territories and regions, whereas the DSP version only includes national level data. If you look at the "Price note" for the FPICB in the online catalogue, you will see this distinction in terms of price, but not in terms of DLI/DSP availability.

http://www.statcan.gc.ca/bsolc/olc-cel/olc-cel?lang=eng&catno=61-224-X

Furthermore, since both versions are catalogued under the same product number, the "Information for Libraries" page does not help users determine which version is DLI and which version is DSP:

http://www.statcan.gc.ca/bsolc/olc-cel/olc-cel?catno=61-224-XC?=eng

Therefore, we have decided to include the following note on the English and French FPICB pages on the DLI web site and FTP site so that our DLI users will know which product is subject to the DLI licensing rules:

Important: Please note that the version of Financial Performance Indicators for Canadian Business available through the DLI includes data for the provinces, territories and regions. However, the version of FPICB available through the DSP includes data at the national level only.