20040426: ECMWF data on your website (cont.)

>From: Gilbert Sebenste <address@hidden>
>Organization: UCAR/Unidata
>Keywords: 200404261746.i3QHkuCT022353

Gilbert,

re: physical plant monies for your web site?
>No direct money. I do that as part of my job. But it's technically not in 
>my job description.

If you provided the web pages as part of your job, it implies that you
are being funded to create the web pages, and so this could be
considered as a commercial activity.  If this is a commercial activity,
you need to abide by WMO Resolution 40 restrictions:

WMO Resolution 40 Cover Letter
http://www.nws.noaa.gov/im/wmocovr.htm#contents

  Annex 3 to Resolution 40
  http://www.nws.noaa.gov/im/wmor40a3.htm

The Guidelines section of Annex 3 to Resolution 40 apply:

"  Guidelines

   These guidelines apply to the commercial sector engaged in
   meteorological activities, which includes government organizations
   engaged in commercial meteorological activities.

   In order to enhance the relationship between the two sectors:

   1. In the common interest, the commercial sector is urged to respect
   the international data exchange principles of the WWW and other WMO
   Programmes;

   2. The commercial sector is urged to recognize and acknowledge the
   essential contribution of NMSs and of WMO to the activities of the
   commercial sector. NMSs and the commercial sector are urged to
   recognize the interdependence and mutual benefit possible from
   cooperative interaction;

   3. In the case where the NMS of a country, particularly of a
   developing country, were to consider itself affected by the
   commercial sector's commercial use of data originated in its own
   country, all parties involved shall undertake negotiations to
   achieve appropriate and satisfactory agreements;

   4. Unless authorized to do so by the relevant Member, commercial
   sector providers of meteorological services should not publicly
   issue warnings and forecasts relevant to the safety of life and
   property in the country or maritime area where they operate.
   Warnings and forecasts relevant to the safety of life and property
   publicly issued by the commercial sector should be consistent with
   those originated by NMSs or by other official originators in the
   course of the performance of their public service responsibilities;

   5. In providing services, the commercial sector should be encouraged
   to employ meteorological terminology consistent with established
   national and international practice;

   6. Commercial sector providers of meteorological services should
   respect the sovereignty and rules and regulations of the countries
   in which they deliver services;

   7. NMSs are encouraged to discuss with their countries'
   meteorological community and professional societies the issues
   associated with the international activities of the commercial
   sector;

   8. NMSs are encouraged to collaborate with their countries'
   commercial sector and their professional societies to maximize the
   use of meteorological information within their country. "

In particular, section 3. may apply to your situation.

My read of WMO Resolution 40 tells me that the restriction of data
re-export is not necessarily limited to the original raw data.  In
fact, "products" are explicitly mentioned.

A statement that pertains to your use of ECMWF model data is:

Annex 4 to Resolution 40
http://www.nws.noaa.gov/im/wmor40a4.htm

"For commercial purposes
    For recompense beyond the incremental cost of reproduction and delivery."

To me this means that if any part of your salary, or if the cost of
maintaining your web site is borne by your employer, you may be in
violation of WMO Resolution 40 restrictions on data re-export.

re: does ECMWF place additional restrictions on data redistribution
>They do.

Can you provide us the URL for the ECMWF redistribution restrictions?

>I cannot residtribute anything but Day 3-6 850 temps and surface 
>pressure in raw GRIB format, and here is where I am not sure...
>"value-added" plotted data.

We need to read the document before commenting on it.  Please send
along the pertinent URL(s).

>I had always assumed that it was banned from 
>the 'net in real-time. That website was just for a few friends, and not 
>linked to anything.

A web site whose access is not restricted is public by nature.  As I
pointed out in our phone conversation last Friday afternoon, search
engine robots/spiders crawl web sites and then make the existence of
pages generally known.  In fact, I used Google (tm) to find your
'The European Forecast Model Contouring Machine' page -- it was the top
link when using the search keys 'ecmwf niu'.

Tom
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