[open-science] the infectious character of CC-SA works like ... ?

Sat Feb 18 10:09:53 UTC 2012

IANAL but there's a fundamental problem here. You can ask two different questions here. One is what is the legal position? This will differ by jurisdiction but basically hasn't been tested anywhere I am aware of for data. The likely case is that a court would through out a case based on CC-BY-SA for Darwin most jurisdictions. In any case it would be a mess and difficult to predict.

The other question is what is the intention? Well the drafters of the SA licence didn't want to consider data really so in a sense their intentions aren't relevant. If you look closely at the CC terms in 3.0  you will see that people are largely giving any non copyright rights up, which doesn't leave much for data. So then you're reduced to respecting what you think the wishes of the data providers are. So you can either ask them, or take the most conservative path, erring on e side of caution. I would guess that when people apply SA terms what they mostly are thinking of is GPL style protections.

It would be great if you could document what you end up doing and why. We need real stories of how these different licensing choices interact with reality so we can stop talking so much about abstract possibilities and look at real evidence when we encourage people to take certain approaches.

Cheers

Cameron

On 18 Feb 2012, at 08:28, "Egon Willighagen" <egon.willighagen at gmail.com> wrote:

> Hi all,
> 
> does anyone here have some experience with the legal interpretation of
> the ShareAlike clause of the Creative Commons licenses?
> 
> In particular, I was wondering if the SA that applies to derivatives,
> works like the copylefting in the GNU GPL, or as in the GNU *Affero*
> GPL?
> 
> The context is data behind a website providing functionality based on
> that data (for example, any website that allows you to search that
> data, visualize slices, etc). Now, I am not interested into getting
> into the argument that data should not be using CC-SA at all, and just
> face CC-SA data, where this issue comes up.
> 
> Egon
> 
> -- 
> Dr E.L. Willighagen
> Postdoctoral Researcher
> Department of Bioinformatics - BiGCaT
> Maastricht University (http://www.bigcat.unimaas.nl/)
> Homepage: http://egonw.github.com/
> LinkedIn: http://se.linkedin.com/in/egonw
> Blog: http://chem-bla-ics.blogspot.com/
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> 
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