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

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Subject: Development of Creative Commons licenses

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  • From: Jordan S Hatcher <jordan AT opencontentlawyer.com>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Ver 3.01 - what about sui generis rights?
  • Date: Sat, 13 Oct 2007 18:50:47 +0100


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
OC Blog: http://opencontentlawyer.com
IP/IT Blog: http://twitchgamer.net

Open Data Commons
http://www.opencontentlawyer.com/open-data/

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http://www.eduserv.org.uk/foundation/studies/cc2007






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