On 09/12/13 17:33, Yaroslav Halchenko wrote: > Do you foresee any problems with > Open Data Commons Attribution License (ODC-By) v1.0 > > http://opendatacommons.org/licenses/by/ > full text of which is available here > http://opendatacommons.org/licenses/by/1.0/ > and cited in its entirety below in this email.
Thanks for searching before asking. What package are you considering this for? At first glance, I'm a bit unsure about the long notice it requires and the effect of multiple-licensing. It will almost always need to be combined with (an) other licence(s), but it seems to meet DFSG 1, 2, 3 and 7 without violating 4, 5, 6, 8 or 9, so I don't see any other problems. > P.S. Please maintain CC to Nick in the replies. Done. Quoting key sections: > 2.4 Relationship to Contents in the Database. The individual items of > the Contents contained in this Database may be covered by other rights, > including copyright, patent, data protection, privacy, or personality > rights, and this License does not cover any rights (other than Database > Rights or in contract) in individual Contents contained in the Database. > For example, if used on a Database of images (the Contents), this > License would not apply to copyright over individual images, which could > have their own separate licenses, or one single license covering all of > the rights over the images. So I think it will nearly always need another licence to make a package meet DFSG because it does not cover the copyright of the Contents (see 2.2). > 3.1 Subject to the terms and conditions of this License, the Licensor > grants to You a worldwide, royalty-free, non-exclusive, terminable (but > only under Section 9) license to Use the Database for the duration of > any applicable copyright and Database Rights. These rights explicitly > include commercial use, and do not exclude any field of endeavour. To > the extent possible in the relevant jurisdiction, these rights may be > exercised in all media and formats whether now known or created in the > future. This helps to meet DFSG 1 and 6. > The rights granted cover, for example: > > a. Extraction and Re-utilisation of the whole or a Substantial part of > the Contents; > > b. Creation of Derivative Databases; > > c. Creation of Collective Databases; > > d. Creation of temporary or permanent reproductions by any means and > in any form, in whole or in part, including of any Derivative > Databases or as a part of Collective Databases; and [...] This helps to meet DFSG 3. > 3.3 The right to release the Database under different terms, or to stop > distributing or making available the Database, is reserved. Note that > this Database may be multiple-licensed, and so You may have the choice > of using alternative licenses for this Database. Subject to Section > 10.4, all other rights not expressly granted by Licensor are reserved. How does multiple-licensing interact with section 4.2.a? Can we distribute under a multiple-licensing ourselves? > ### 4.0 Conditions of Use > > 4.1 The rights granted in Section 3 above are expressly made subject to > Your complying with the following conditions of use. These are important > conditions of this License, and if You fail to follow them, You will be > in material breach of its terms. > > 4.2 Notices. If You Publicly Convey this Database, any Derivative > Database, or the Database as part of a Collective Database, then You > must: > > a. Do so only under the terms of this License; [...] This helps to meet DFSG 3, 4 and 7. [...] > 4.3 Notice for using output (Contents). Creating and Using a Produced > Work does not require the notice in Section 4.2. However, if you > Publicly Use a Produced Work, You must include a notice associated with > the Produced Work reasonably calculated to make any Person that uses, > views, accesses, interacts with, or is otherwise exposed to the Produced > Work aware that Content was obtained from the Database, Derivative > Database, or the Database as part of a Collective Database, and that it > is available under this License. > > a. Example notice. The following text will satisfy notice under > Section 4.3: > > Contains information from DATABASE NAME which is made available > under the ODC Attribution License. I'm not sure - is this an acceptable notice requirement? It seems a bit long. > 4.4 Licensing of others. You may not sublicense the Database. Each time > You communicate the Database, the whole or Substantial part of the > Contents, or any Derivative Database to anyone else in any way, the > Licensor offers to the recipient a license to the Database on the same > terms and conditions as this License. You are not responsible for > enforcing compliance by third parties with this License, but You may > enforce any rights that You have over a Derivative Database. You are > solely responsible for any modifications of a Derivative Database made > by You or another Person at Your direction. You may not impose any > further restrictions on the exercise of the rights granted or affirmed > under this License. This helps to meet DFSG 7. > 9.3 Unless terminated under Section 9.1, this License is granted to You > for the duration of applicable rights in the Database. This helps to meet DFSG 1, as does 9.5 about relicensing. I would welcome other analyses. -- MJ Ray (slef), member of www.software.coop, a for-more-than-profit co-op http://koha-community.org supporter, web and library systems developer. In My Opinion Only: see http://mjr.towers.org.uk/email.html Available for hire (including development) at http://www.software.coop/ -- To UNSUBSCRIBE, email to [email protected] with a subject of "unsubscribe". Trouble? Contact [email protected] Archive: http://lists.debian.org/[email protected]
