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  • From: Sarah Pearson <sarah AT creativecommons.org>
  • To: "T. Margoni" <t.margoni AT uva.nl>
  • Cc: Jay Yoon <iwillbe99 AT gmail.com>, Leon Felipe Sanchez Ambia <lion05 AT mac.com>, cc-europe AT lists.ibiblio.org, hala.essalmawi AT gmail.com
  • Subject: Re: [CC-Europe] request for input: database rights in CC v4.0
  • Date: Thu, 24 Jan 2013 09:39:41 -0800

Thank you so much for the quick feedback!

To answer your question about the last sentence of the Adapted Material definition, it is intended to ensure that ShareAlike does not apply to the contents of a database when SGDRs are the trigger for ShareAlike. If we do not carve out the database contents from the definition, a licensee that uses a substantial portion of contents of the licensed database would have to ShareAlike all of the contents of their own databases, including, for example, data that would be more appropriately released under CC0. The intent is to limit the ShareAlike obligation to the licensee's own SGDRs and/or copyright in the database structure.

The complicating factor here is that ShareAlike does extend to database contents when copyright is the trigger. We think this is the right result because copyright is much less likely to be implicated in the database context. Nonetheless, it is a bit confusing.

We are very interested to know if you agree with this policy decision. Also, we welcome any ideas to make any of the above more clear in the license.

Thanks again,
Sarah

On Thu, Jan 24, 2013 at 9:07 AM, T. Margoni <t.margoni AT uva.nl> wrote:
Dear Sarah and all,

Thanks for the preview. We have checked it with Lucie and it seems a
very nice and clear document.

We just have a couple of observation/clarification.

1) Pag. 4 first section, definition of Adapted Material.
We have some doubts regarding the meaning of the last sentece: "...
provided however, that the contents of the database in which you have
sgdr are not considered to be adapted material for purposes of this
section ()(2)". Could you please clarify?

2) Regarding point 3) Issue for feedback: consider that substantiality
is evaluated quantitatively or qualitatively, if you reproduce a small
database, as long as the reproduced part is substantial quantity or
quality wise, than SA applies. Does not seem that SA reaches too far, it
is in line with the overall logic. Consider the case where the
substantial part of a huge database can be represented by a very tiny
extraction if proven it is qualitatively substantial.


Thanks!

thomas


On 2013-01-24 6:58 AM, Sarah Pearson wrote:
> Hi everyone,
>
> One of the major focus areas for this third draft of 4.0 is the
> treatment of sui generis database rights (SGDRs). We have refined this
> treatment over the last several weeks, so we wanted to share our latest
> thinking and ask for input before we publish the draft.
>
> Attached you will find a document that outlines (1) our basic drafting
> considerations relating to this area, (2) an overview of how we have
> treated SGDRs throughout the 4.0 licenses (with relevant language from
> the license included), and (3) /a/ /short list of outstanding questions/.
>
> Note that, in addition to the European affiliate list, we are sending
> this email to affiliates in non-EU jurisdictions where SGDRs are
> enacted. Do any of you know of jurisdictions outside of the EU that have
> SGDRs other than Russia, Korea, Mexico, Armenia, Georgia, Serbia and Egypt?
>
> We will be collecting your comments and incorporating them into the
> draft before we publish 4.0d3. To do this, we will need any input from
> you by the end of the day on _Monday, January 28_.
>
> We greatly appreciate your review and feedback. Thank you so much for
> your help.
>
> best,
> Sarah
>
> Sarah Hinchliff Pearson, Senior Counsel
> Creative Commons
> 444 Castro Street, Suite 900
> Mountain View, California 94041
> skype: sarah-h-pearson
> email: sarah AT creativecommons.org <mailto:sarah AT creativecommons.org>
> ______________________________
>
>
>
> _______________________________________________
> CC-Europe mailing list
> CC-Europe AT lists.ibiblio.org
> http://lists.ibiblio.org/mailman/listinfo/cc-europe
>

--
Dr. Thomas Margoni
Institute for Information Law (IViR) - Faculty of Law
University of Amsterdam - The Netherlands
http://ssrn.com/author=1383303




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