What disclaimer should I use when making my personal #quantifiedself data public?

Hello,

Has anyone made their personal quantified-self data public? I mean not just charts and/or analysis, but actual “raw” data. If yes, did you include any kind of legal disclaimer on how people can and cannot use data, etc.? I am asking because I just made my September data available for download

http://www.measuredme.com/2012/10/my-september-data-is-now-available-for-download.html

but have not include any formal statement of limitations. Did I just open “pandora box”? Technically, I can’t apply Creative Commons license to quantified-self data, because it was obtained empirically, and was not “created”. Or can I?

I would appreciate any advice on this matter!

Figuring out what aspects of your data can be copyrighted in which jurisdictions (and then defending that in court) is an expensive proposition.

I’d use http://creativecommons.org/choose/zero/.

Hi Eric,

Thanks a lot, I read the CC0 description, and have serious concerns about waiving some rights like “as your moral rights (to the extent waivable)”. I will keep looking.

If you don’t care about how your data is used, why should you be afraid of waivering your moral rights?

Of course, I do care how my data will be used. I don’t care about the METHODS for visualizing, correlating, and disseminating data and insights, but I do care about MOTIVES behind the analysis and IMPLICATIONS that third-party is making based on the results. For instance, if my data is being used to discriminate against certain class of people (e.g., race, disability/ailment, weight, gender, etc.), or to be used in any kind of lawsuit against manufacturers of devices that were used to collect data (e.g., Bodymedia or Azumio), I do certainly object. At least, I want to be able to explicitly state that my personal opinions and beliefs may not align with the potential findings by other researchers/third parties. Hence, the point of this post and requirement for the disclaimer.

I don’t think you’ll be able to limit abuse of your data without limiting good uses of your data. I do think it’s a good idea to state to anyone that any data used by other parties are not the opinion of you.

[quote=“measuredme, post:5, topic:453”]
Of course, I do care how my data will be used. I don’t care about the METHODS for visualizing, correlating, and disseminating data and insights, but I do care about MOTIVES behind the analysis and IMPLICATIONS that third-party is making based on the results. For instance, if my data is being used to discriminate against certain class of people (e.g., race, disability/ailment, weight, gender, etc.), or to be used in any kind of lawsuit against manufacturers of devices that were used to collect data (e.g., Bodymedia or Azumio), I do certainly object. At least, I want to be able to explicitly state that my personal opinions and beliefs may not align with the potential findings by other researchers/third parties. Hence, the point of this post and requirement for the disclaimer.[/quote]

CC0 has the disclaimer and non-endorsement.

The alternative is to keep the data locked up and license its use on a case-by-case basis. But there is no enforceable “do no evil clause”.

IANAL, but spent a fair amount of time discussing this topic with people at Creative Commons (Science Commons) a while back–perhaps you should contact them?

P.S. How can I get the data, without giving paywithatweet.com access to my Twitter or Facebook profile?

By default you aren’t giving away any of your rights. If someone wants to republish the data they have to ask your permission.

Asking for permission makes things a bit harder for them. It makes things however much better for yourself. You can refuse when you don’t like the use. You also get informed.
You probably want to know when someone uses your data for something meaningful.

The problem with that is that it create a barrier of entry to using your data while at the same time protecting your data from misuse.

Personally, I think the benefit of making data free outweigh the cost of restricting the use of your data.

[quote=“Christian_Kleineidam, post:8, topic:453”]
By default you aren’t giving away any of your rights. If someone wants to republish the data they have to ask your permission.[/quote]

With data, it’s not clear what rights you have to begin with (it varies between countries, does it apply to derived data etc). This is one of the reasons why the legal experts at Creative Commons concluded that CC0 is the best approach for publishing data.

The alternative is to keep the data private, and create a legal contract for each person who wants to use it for a specific purpose. But I doubt it’s worth the trouble for this data…

Hi guys,

Sorry for not being very clear about reasons for disclaimer. I just started a new thread (sorry, Christian, i hope it is ok!) and wrote a blog post with more detailed examples http://forum.quantifiedself.com/thread-why-quantifiedself-practitioners-should-protect-themselves-with-disclaimers

[quote]The problem with that is that it create a barrier of entry to using your data while at the same time protecting your data from misuse.[/quote]In practice I don’t think that’s the case with that data. I can’t think of a case where someone would decide against using measuredme’s data because he didn’t use a disclaimer.

No problem.

It was in reference to copyright license. The idea is that not using a copyleft license and forcing anyone to ask permission for data usage will decrease the likelihood for use of data, malicious or otherwise.

[quote]The idea is that not using a copyleft license and forcing anyone to ask permission for data usage will decrease the likelihood for use of data, malicious or otherwise.[/quote]I’m not denying that there are cases where that’s true. In the case of data that measuredme publishes I don’t think it is.

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