[cc-licenses] Ver 3.01 - what about sui generis rights?

Jordan S Hatcher jordan at opencontentlawyer.com
Sat Oct 13 13:50:47 EDT 2007


On 13 Oct 2007, at 10:15, Paul Keller wrote:

>> If we now are moving forward to a new version number, shouldn't this
>> (or similar text) dealing with sui generis database protection be
>> included in the "unported" license text as well? (With a note
>> saying that it should not be included for jurisdictions where
>> sui generis database protection doesn't apply.)
>
> i am not sure if it is a good idea to include the database language
> in the unported licenses. as you note above the database language
> should only be included in jursdictions where there is sui generis
> protection of databases. now unported is not a jurisdiction, but the
> majority of jurisdictions that do not have ported CC licenses does
> not have sui generis protection of databases and therefor i would
> that there is no real urgency to include this language in the
> unported licenses

I was wondering what the overall strategy was in this area, as many  
are actually using the unported licences rather than the jurisdiction  
specific ones.  For example, the main CC site uses the unported  
licence, as does Science Commons, and iCommons. If the unported  
licences were merely a template for all of the jurisdiction-specific  
licences, then I would say that it would be sensible to leave it to  
the jurisdictions that have those rights. But clearly lots of people  
use the unported licences.

If the eventual move is for CC to go GPL-style and have only one set  
of licences -- or even just in light of the fact that this is the way  
that the unported licences are actually being used -- then I would  
think that it would make sense to include something about database  
rights in the interest of having global applicability.

Thanks!

~Jordan

____
Mr. Jordan S Hatcher, JD, LLM

jordan at opencontentlawyer dot com
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