[odc-discuss] Data, Facts, Databases and Licensing (was: Re: Open Database Licence)

Jonathan Rochkind rochkind at jhu.edu
Thu Mar 5 16:36:16 UTC 2009


Rufus Pollock wrote:
> Right but that's true of pretty much everything and not specific to
> data. When does a piece of software code get big enough to get a
> copyright? When, if I copy the structure of your code but not the
> exact text do I infringe etc etc.
>   

True, but in the data domains I deal with, data is traded between 
databases MUCH more often than code is traded between code projects, and 
on a much more granular level. A database consisting of a million 
records, any one of those records can be individually useful to others.  
A code project consisting of a million lines of code -- you can't simply 
take any line of code and stick it in some other project.

Logically, the issue is not specific to data. Practically, as a matter 
of actual common use cases, it is much more of an issue with (certain 
domains of) data, in my opinion.  With library metadata, this kind of 
slice and dice re-using is so common that not having a very clear 
understanding of how these licenses apply to this use case would pose a 
very large difficulty for users.


>
> For user, even with any doubts over exactly where a database right
> begins, it is easy to get certainty: comply with the license! So I
> don't really see the issue. 

The issue I suggest is that _how_ to comply with the license is not 
entirely clear with this "remix is standard" use case.  Lack of 
certainty in how to comply with a license will discourage risk-averse 
users from using the data at all.

But I will be sure to find time to read all your references carefully, 
thanks so much for providing them, much appreciated. Perhaps we should 
even make a list of references/further background reading on your 
website, maybe in the FAQ section, with these links?

Jonathan




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