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  • From: John Hendrik Weitzmann <jhweitzmann AT mx.uni-saarland.de>
  • To: cc-europe AT lists.ibiblio.org
  • Subject: Re: [CC-Europe] request for input: database rights in CC v4.0
  • Date: Thu, 24 Jan 2013 22:35:10 +0100

excuse me guys, you lost me here. The notion of rights being the trigger for something seems odd to me. Usually acts are triggers of things, not rights. Can you give some "first A happens, which means B" examples of how it's supposed to work?

thx and sorry for being a bit thick

John


Am 24.01.2013 18:39, schrieb Sarah Pearson:
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
<mailto: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> <mailto:sarah AT creativecommons.org
<mailto:sarah AT creativecommons.org>>
> ______________________________
>
>
>
> _______________________________________________
> CC-Europe mailing list
> CC-Europe AT lists.ibiblio.org <mailto: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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