| Psychoslave added a comment. |
In T193728#4231932, @MisterSynergy wrote:Users of Wikidata can compile datasets of any form and content with the query service, and re-use it according to the CC0 license (i.e.: do whatever they want to, particularly without attribution).
Well, with proper traceability of chain of sources and their corresponding licenses, user of Wikidata
would still be able to compile datasets of any form and content with the query service, and re-use it according to the licenses of this data. Or if they prefer to ignore it, not take them into account. Actually, as long as you don't aim at republishing this data, you will probably face no legal problem. But if someone want to use data, they have to conform to the last publisher in the source chain that published them through legal means. If this reuser don't want to follow this condition, then indeed they can not use this data legally from this source.
If there was a convolution of individual licenses per fact involved, it would be practically impossible to get this sorted so that use of data was in line with all the licenses involved; even if one would be able to manage this, one could easily end up in a situation where one has to display thousands of sources in some way. Databases with more restrictive licenses than CC0 are useless for re-users, and Wikidata just aims to be useful for re-users.
This argument doesn't hold. Either you are able to prove that your data set where obtained from legal means, and then you will have to have this traceability of sources and their corresponding legal terms of use, or it is practically impossible to reuse this data legally.
For re-user who really care about legality, this kind of legal traceability is a requirement. Maybe you personally don't like other licenses, but it doesn't make project using different licenses useless.
So please provide concrete real world examples where CC-0 made something possible that would have been impossible with proper license traceability. Because there are real practical case like OSM where this lake of traceability make Wikidata useless.
We use imports from Wikidata for years now, and this is not a hidden activity than one could have missed. WMF definitely knows about this for years. There were occasionally some dissenting opinions (not by WMF, AFAIK), but I cannot remember that anyone was able to raise concern strong enough to reconsider the import practice. Until now, this has not changed in this conversation as well.
Where is the official statement of the WMF about significant transfer from copyrighted data banks that are not released under CC-0 into a CC-0 data bank? What are the threshold not to exceed if any? Until there are official statements on this regard, each individual is sole responsible for its inferences and they only apply to their own personal beliefs.
For the moment, the closest we have to an official statement is this conclusion of the Wikimedia Foundation’s preliminary perspective on data base legal issue:
Whenever possible, the best course is to use only content that is made available by the author under an open license. In particular, for EU databases, the license should include a license or express waiver of the sui generis database right. In the absence of a license, copying all or a substantial part of a protected database should be avoided. Extraction and use of data should be kept to a minimum and limited to unprotected material, such as uncopyrightable facts and short phrases, rather than extensive text. For EU databases, bots or other automated ways of extracting data should also be avoided because of the Directive’s prohibition on “repeated and systematic extraction” of even insubstantial amounts of data.
How could this be interpreted ortherwise than "Wikidata should avoid to import data under an incompatible licenses, either by not importing it, or by conforming to the licenses of its sources"?
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