[od-discuss] Schema for open licenses - prototype

Herb Lainchbury herb at dynamic-solutions.com
Fri Jun 29 16:35:06 UTC 2012


Thanks Kent,

So, am I right in my new understanding that there are no (non-obsolete)
licenses that deal with rights clearing?

i.e. whenever I use open data, under any current license, I risk infringing
on copyrights of 3rd parties that I am unaware of.  So, there is always the
chance that someone might crawl out of the woodwork later claiming that I
am infringing.

Do publishers bear any responsibility?  What is the incentive for open data
publishers to ensure that they have the right to publish a dataset?

Thank you,
Herb


On Fri, Jun 29, 2012 at 8:19 AM, Kent Mewhort <kmewhort at cippic.ca> wrote:

> Hi all,
>
> Thanks for everyone's comments on this idea.  I've taken them into
> account and put together a draft schema.  I also coded up an editor to
> ease the task of setting out this metadata for each license.
>
> Please check out
> http://license-test.cippic.ca/licenses/license_editor/index.html and let
> me know if you have any further suggestions.  Try taking a look at
> GPL-3.0, ODC-BY and ODC-ODBL.
>
> The above three licenses are the only ones I've filled out yet, but I'll
> try to keep plowing away at a couple licenses a day and might get some
> summer law students at our legal clinic to do the same.  I also expect
> that the current schema will need some further tweaks as I come across
> other key license elements not presently reflected.
>
> Kent
>
> P.S. Herb, I took another look at the disclaimer/liability section.
> IMO, the"Disclaimer of warranty" should adequately cover the
> noninfringement issue.  Most licenses deal with this through a
> disclaimer of warranty -- that is, they disclaim an implied warranty of
> noninfringement.  Although CC0 separately disclaims responsibility for
> clearing rights, this will have the same effect.  One disclaims an
> implied warranty of noninfringement, while the other disclaims liability
> for the act of what a warranty of noninfringement covers.
>
> --
> Kent Mewhort
> Staff Lawyer
> CIPPIC, the Samuelson-Glushko Canadian Internet Policy & Public Interest
> Clinic
> University of Ottawa, Faculty of Law
> 57 Louis Pasteur St.
> Ottawa, Ontario  K1N 6N5
>
> Ph:  (613)562-5800 (ext.2556)
> Fax: (613)562-5417
>
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>


-- 
Herb Lainchbury
Dynamic Solutions Inc.
www.dynamic-solutions.com
http://twitter.com/herblainchbury
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