Bavaria loses legal battle against Open Data activist

• The German state of Bavaria has lost a legal dispute against open-data activist Markus Drenger, who was sued for sharing publicly accessible geographic data.
• The Higher Regional Court of Munich dismissed the state's case as "inadmissible," emphasizing that the Data Usage Act (DNG) takes precedence over copyright claims for public information.

Background and Legal Conflict

• In 2021, Drenger downloaded geodata originally published by federal authorities and hosted by a Bavarian state agency, sharing it on GitHub.
• Bavaria claimed database manufacturer rights, arguing that the high investment costs for creating the datasets necessitated user fees.
• The state initiated both criminal complaints and civil litigation against the activist, demanding the data be taken offline.

Court Ruling and Rationale

• The court ruled against Bavaria primarily due to procedural inconsistencies, noting that the state provided conflicting information regarding the authorship of the database and its partnership with Deutsche Post (now DHL Group) during the legal proceedings.
• The ruling reaffirms that public sector bodies are generally prohibited from using copyright law to restrict the reuse of public information.
• The court invoked the Data Usage Act (DNG), which implements the 2019 EU Open Data Directive and mandates that public data should be "open by design and by default."

Implications and Unresolved Questions

• Activists argue that despite the verdict, legal uncertainty persists regarding whether authorities can bypass the DNG by partnering with private companies or selling data.
• Concerns remain regarding a potential "chilling effect," where public entities' aggressive litigation tactics discourage volunteers and researchers from utilizing public datasets for transparency or oversight purposes.
• The debate highlights a fundamental conflict between government revenue models and the public's right to access information for parliamentary control and informed civic participation.