Published on February 4, 2009
“ shared innovation Open Data Licensing Rob Styles Programme Manager, Data Services firstname.lastname@example.org “ This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License. (http:// creativecommons.org/licenses/by-nc-sa/3.0/)
“ shared innovation IANAL (I am not a lawyer)
“ shared innovation Why? • Licensing data to keep it open is more important than licensing it to keep it closed. • CDDB became Gracenote. • Ordnance Survey map data.
“ shared innovation But also • People fall into two camps - knows and don't-knows • If you don't choose a license then it's quot;All Rights Reservedquot; by default. • On the flipside, if you don't say what people can do then how will they know they're infringing?
“ shared innovation “ Because I did not explicitly indicate a license, I declared an implicit copyright without explaining how others could use my code. Since the code is unlicensed, I could theoretically assert copyright at any time and demand that people stop using my code. http://www.codinghorror.com/blog/archives/000833.html
“ shared innovation What? • Content • Data • Metadata – Just the same as Data, for the purpose of licensing
“ shared innovation Content • Creative works • Protected by Copyright • All Rights Reserved
“ shared innovation Creative Commons • Extension of copyright law • Simple way of saying quot;Some Rights Reservedquot; • Code is special case for licensing, due to complexity of possible infringement • Use specialist licenses, GPL, LGPL, Apache, MIT, Berkeley
“ shared innovation Data • Compilation Rights, Copyright – Anthologies, Compilation CDs – Creativity in the act of selecting – Copyright is in the selection, not the items selected. – Items selected retain their own rights. – Excludes databases simply sorted quot;alphabeticallyquot; – Excludes databases that try to be complete – Completeness is not a creative criteria
“ shared innovation Data • Databases – Database Right in Europe – No US Equivalent, Feist Publications vs Rural Telecom – So called quot;sui generisquot;, quot;of the same typequot; – Also called quot;sweat-of-the-browquot; protection – Protects the investment made by the producer of the database – Only databases with a connection to EU or EEA get protection
“ shared innovation Talis Community License • Trying to provide simplicity with TCL • Equivalent to a “Database Commons” • Prevents data from being locked away • http://www.talis.com/tdn/tcl
“ shared innovation Further Reading Digital copyright : law and practice, Simon Stokes – http://cenote.talis.com/isbn/1841135143 Charlotte Waelde – http://edina.ac.uk/projects/grade/ gradeDigitalRightsIssues.pdf
“ shared innovation
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The World Wide Web (WWW) is an ... but it was considered too expensive and had an inappropriate licensing policy for use ... 70% of all websites are open ...