[okfn-discuss] Licensing question from the Open Science Training Initiative pilot

[Peter Murray-Rust]

On Wed, Jan 16, 2013 at 2:49 PM, Vitor Baptista <vitor at vitorbaptista.com>wrote:

> I'm no lawyer, but wouldn't this fall into fair use?


Fair use is effectively only a US term.  See
http://en.wikipedia.org/wiki/Fair_use. And there is no absolute algorithm
for applying it. Lessig has said that fair use is the right to call a
lawyer in your defence. Logic often does not offer answers to IP cases -
courts and lawyers do.

It isn't just copyright. In this case Trademarks may also apply. And, as I
suggested, contract law. My guess is that Oxford signed a UK_specific
contract or maybe even an English specific contract (Scotland has its own
law).

I am not saying this can't be resolved satisfactorily - just that without
knowing the contract we can't speculate.

P.


-- 
Peter Murray-Rust
Reader in Molecular Informatics
Unilever Centre, Dep. Of Chemistry
University of Cambridge
CB2 1EW, UK
+44-1223-763069
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