Difference between revisions of "List of references on data licenses (Q2008)"

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(‎Created claim: reference URL (P33): https://lu.is/blog/2016/09/12/copyleft-and-data-database-law-as-poor-platform/)
(‎Removed claim: reference URL (P33): https://lu.is/blog/2016/09/14/copyleft-and-data-databases-as-poor-subject/)
 
(37 intermediate revisions by the same user not shown)
Property / reference URL
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Property / reference URL: https://lu.is/blog/2016/09/26/public-licenses-and-data-so-what-to-do-instead/ / rank
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Property / reference URL
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Property / reference URL: https://lu.is/blog/2016/09/12/copyleft-and-data-database-law-as-poor-platform/ / rank
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Property / reference URL
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Property / reference URL: https://www.twobirds.com/en/news/articles/2015/global/website-database-owners-may-use-terms-and-conditions-to-prohibit-screen-scraping / rank
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Property / reference URL
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Property / reference URL: https://mako.cc/academic/ccgc_chi_2011.html / rank
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Property / reference URL: https://mako.cc/academic/ccgc_chi_2011.html / qualifier
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comment: it's not the same to give automated credit, even if you can technically do it
Property / reference URL
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Property / reference URL: https://lu.is/blog/2006/06/18/crowding-out-of-intrinsic-motivations-aka-the-bounty-problem/ / rank
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Property / reference URL
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Property / reference URL: http://peterdesmet.com/posts/analyzing-gbif-data-licenses.html / rank
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Property / reference URL
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Property / reference URL: https://www.twobirds.com/en/news/articles/2015/global/ip-and-it-law-bytes-december-2015/database-right-meaning-of-database / rank
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Property / reference URL
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Property / reference URL: https://michaelweinberg.org/post/150123246460/the-cost-of-a-successful-creative-commons-and-open / rank
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Property / reference URL: https://michaelweinberg.org/post/150123246460/the-cost-of-a-successful-creative-commons-and-open / qualifier
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comment: copyright-based copyleft licenses are a dead-end if the work is not copyrightable, but patent or trademark based solutions might be an option
Property / reference URL: https://michaelweinberg.org/post/150123246460/the-cost-of-a-successful-creative-commons-and-open / qualifier
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comment: Without copyright, the conditions baked into OSS/CC become legally meaningless. The “stick” that backs them up disappears.
Property / reference URL: https://michaelweinberg.org/post/150123246460/the-cost-of-a-successful-creative-commons-and-open / qualifier
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comment: Within the world of copyrightable stuff, these limitations are enforceable because failing to follow them voids the license. And without a license, the now-unauthorized sharing is a violation of the creator’s copyright.
Property / reference URL: https://michaelweinberg.org/post/150123246460/the-cost-of-a-successful-creative-commons-and-open / qualifier
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comment: Among other things, this has allowed to OSS/CC community to impose its ethos on people who do not care about openness. Threat of a copyright lawsuit means people and companies who just want to access the shared stuff have to play by the openness rules too.
Property / has part
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Property / has part: Copyleft and data: database law as (poor) platform / rank
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Property / has part: Copyleft and data: database law as (poor) platform / qualifier
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comment: Eben Moglen has often pointed out that anyone who attacks the GPL is at a disadvantage, because if they somehow show that the license is legally invalid, then they get copyright’s “default”: which is to say, they don’t get anything. So they are forced to fight about the specific terms, rather than the validity of the license as a whole.
Property / has part: Copyleft and data: database law as (poor) platform / qualifier
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comment: In contrast, in much of the world (and certainly in the US), if you show that a database license is legally invalid, then you get database’s default: which is to say, you get everything. So someone who doesn’t want to follow the copyleft has very, very strong incentives to demolish your license altogether.
Property / has part
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Property / has part: Public licenses and data: So what to do instead? / rank
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Property / has part
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Property / has part: Copyleft, attribution and data: other considerations / rank
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Property / has part: Copyleft, attribution and data: other considerations / qualifier
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comment: goes into motivations for the attempt at copylefting data
Property / has part: Copyleft, attribution and data: other considerations / qualifier
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comment: Unfortunately, many people have a good-faith desire to see copyleft-like results in other domains. As a result, they’ve gone the wrong way on this point.
Property / has part: Copyleft, attribution and data: other considerations / qualifier
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comment: ODbL is probably the most blatant example of this: even at the time, Science Commons correctly pointed out that ODbL’s attempt to create database rights by contract outside of the EU was a bad idea.
Property / has part: Copyleft, attribution and data: other considerations / qualifier
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comment: Unfortunately, well-intentioned people (including me!) pushed it through anyway. Similarly, open hardware proponents have tried to stretch copyright to cover functional works, with predictably messy results.
Property / has part
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Property / has part: Copyleft and data: databases as poor subject / rank
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Latest revision as of 23:27, 21 January 2020

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List of references on data licenses
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    Statements

    it's not the same to give automated credit, even if you can technically do it
    0 references
    copyright-based copyleft licenses are a dead-end if the work is not copyrightable, but patent or trademark based solutions might be an option
    Without copyright, the conditions baked into OSS/CC become legally meaningless. The “stick” that backs them up disappears.
    Within the world of copyrightable stuff, these limitations are enforceable because failing to follow them voids the license. And without a license, the now-unauthorized sharing is a violation of the creator’s copyright.
    Among other things, this has allowed to OSS/CC community to impose its ethos on people who do not care about openness. Threat of a copyright lawsuit means people and companies who just want to access the shared stuff have to play by the openness rules too.
    0 references
    Eben Moglen has often pointed out that anyone who attacks the GPL is at a disadvantage, because if they somehow show that the license is legally invalid, then they get copyright’s “default”: which is to say, they don’t get anything. So they are forced to fight about the specific terms, rather than the validity of the license as a whole.
    In contrast, in much of the world (and certainly in the US), if you show that a database license is legally invalid, then you get database’s default: which is to say, you get everything. So someone who doesn’t want to follow the copyleft has very, very strong incentives to demolish your license altogether.
    0 references
    goes into motivations for the attempt at copylefting data
    Unfortunately, many people have a good-faith desire to see copyleft-like results in other domains. As a result, they’ve gone the wrong way on this point.
    ODbL is probably the most blatant example of this: even at the time, Science Commons correctly pointed out that ODbL’s attempt to create database rights by contract outside of the EU was a bad idea.
    Unfortunately, well-intentioned people (including me!) pushed it through anyway. Similarly, open hardware proponents have tried to stretch copyright to cover functional works, with predictably messy results.
    0 references