Contents contributed and discussions participated by Mike Chelen

information for the Internet community
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distributing data or databases
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“open” and “open access”
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requirements for gaining and using the Science Commons Open Access Data Mark and metadata
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interoperability of scientific data
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terms and conditions around data make integration difficult to legally perform
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single license
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data with this license can be integrated with any other data under this license
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too many databases under too many terms already
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unlikely that any one license or suite of licenses will have the correct mix of terms
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principles for open access data and a protocol for implementing those principles
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Open Access Data Mark and metadata
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databases and data
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the foundation to legally integrate a database or data product
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another database or data product
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no mechanisms to manage transfer or negotiations of rights unrelated to integration
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submitted to Science Commons for certification as a conforming implementation
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Open Access Data trademarks (icons and phrases) and metadata on databases
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protocol must promote legal predictability and certainty
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easy to use and understand
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lowest possible transaction costs on users
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Science Commons’ experience in distributing a database licensing Frequently Asked Questions (FAQ) file
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hard to apply the distinction between what is copyrightable and what is not copyrightable
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lack of simplicity restricts usage
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reducing or eliminating the need to make the distinction between copyrightable and non-copyrightable elements
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satisfy the norms and expectations of the disciplines providing the database
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norms for citation will differ
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norms must be attached
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Converge on the public domain by waiving all rights based on intellectual property
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reconstruction of the public domain
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scientific norms to express the wishes of the data provider
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public domain
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waiving the relevant rights on data and asserting that the provider makes no claims on the data
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Requesting behavior, such as citation, through norms rather than as a legal requirement based on copyright or contracts, allows for different scientific disciplines to develop different norms for citation.
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waive all rights necessary for data extraction and re-use
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copyright
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sui generis database rights
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claims of unfair competition
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implied contracts
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and other legal rights
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any obligations on the user of the data or database such as “copyleft” or “share alike”, or even the legal requirement to provide attribution
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non-legally binding set of citation norms
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waiving other statutory or intellectual property rights
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there are other rights, in addition to copyright, that may apply
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uncopyrightable databases may be protected in some countries
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sui generis rights apply in the European Union
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waivers of sui generis and other legal grounds for database protection
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no contractual controls
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using contract, rather than intellectual property or statutory rights, to apply terms to databases
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affirmatively declare that contractual constraints do not apply to the database
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interoperation with databases and data not available under the Science Commons Open Access Data Protocol through metadata
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data that is not or cannot be made available under this protocol
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owner provides metadata (as data) under this protocol so that the existence of the non-open access data is discoverable
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digital identifiers and metadata describing non-open access data
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“Licensing” a database typically means that the “copyrightable elements” of a database are made available under a copyright license
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Database FAQ, in its first iteration, recommended this method
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recommendation is now withdrawn
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copyright begins in and ends in many databases
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database divided into copyrightable and non copyrightable elements
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user tends to assume that all is under copyright or none is under copyright
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share-alike license on the copyrightable elements may be falsely assumed to operate on the factual contents of a database
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copyright in situations where it is not necessary
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query across tens of thousands of data records across the web might return a result which itself populates a new database
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selective waiving of intellectual property rights fail to provide a high degree of legal certainty and ease of use
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problem of false expectations
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apply a “copyleft” term to the copyrightable elements of a database, in hopes that those elements result in additional open access database elements coming online
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uncopyrightable factual content
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republish those contents without observing the copyleft or share-alike terms
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cascading attribution if attribution is required as part of a license approach
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Would a scientist need to attribute 40,000 data depositors in the event of a query across 40,000 data sets?
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conflict with accepted norms in some disciplines
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imposes a significant transaction cost
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