opencontentlawyer.com

3 responses so far ↓

• 1 Andrae Muys // Jan 25, 2010 at 4:52 am

  I am wondering if you could elaborate on your comment on waiving database rights:

  “They may find out they’ve waived the rights and can no longer license them. As an example, if you used the “Non-Commercial” CC-BY-NC license and wanted to license commercial use to others — your use of CC-BY-NC may mean that you’ve waived your database rights (assuming you are in Europe and qualify for the right) and so don’t have a database right to commercial license.”

  As far as I was aware, waiving your right in the context of one license (CC-BY-NC, in this case) had no affect on your ability to license it in a separate context (a traditional commercial, proprietary license). Am I mistaken? Or have I misunderstood what you are trying to say here?

• 2 Jordan // Feb 3, 2010 at 4:41 pm

  Hi Andrae

  Thanks for the comment. There is a very distinct difference between a license and a waiver:

  a license asserts that you have a right (such as copyright or database rights) and then gives someone else permission to use your right. You still claim ownership and allow use by others.

  a waiver gives up all your rights and thus someone else doesn’t need any permission from you at all. You no longer own it.

  So by waiving your database rights in one document, you give them up in every instance. You had a right, and then abandoned it, and you can’t try and get it back in another context. Licensing your right in one instance does not on its own prevent you from licensing it in another context. So waiving the database right through a CC license means that it is gone for you to use in other contexts.

• 3 Silona // Mar 10, 2010 at 7:44 am

  so one of the major things I am trying to tackle in the opendata realm is the citability of opendata.

  we are going to be addressing this during my next codeathon. One problem I have found is many online tools simply draw from different live datasets. What happens when the underlying data changes?

  For example, much of the problems recover.gov in the US had when it launched it don’t have to do with their data but instead the data that was fed to them. Once those states saw their incorrect data, they fixed it. But what about those references to the incorrect data? There are gone. And where is the versioning trail? the accountability?

  I think with the license, there has to be a certain amt of accountability for things changing underneath esp if say recommendations are given based off of changing data…

  also – hey Jordan! longtime no chat! glad I refound ya!

Leave a Comment