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Subject: Development of Creative Commons licenses

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  • From: Marketply <contact AT marketply.org>
  • To: Development of Creative Commons licenses <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [cc-licenses] Proposed change to the ND licenses
  • Date: Tue, 22 Oct 2013 01:37:06 -0400 (EDT)

If we go with how data mining relates to copyright, and delve into what is really going on with it, isn't it really data processing? (Often for a global search and location database)
 
You're extracting information available publicly and processing it, the same way your computer does when it accesses any website.
 
Therefore not protected by ND. If it's not against copyright, then how can it be against ND or any CC licenses? – which don't change any of  the functions of copyright, remember.
 
Make it absolutely clear that data mining publicly available content is merely the same as legal data processing.
 
Those my thoughts.
 
😃,
 
Marino Hernandez
(just a founder of Marketply)
203-429-4205
 
On October 21, 2013 at 10:40 PM Sarah Pearson <sarah AT creativecommons.org> wrote:

....

However far-fetched, we do hear this argument about the ND licenses -- that the prohibition on adaptations creates enough legal uncertainty to deter people from text and data mining for fear they may violate the license by creating an adaptation in the process. The fact that the 4.0 licenses contain an artificially constructed definition of adaptations for sui generis database rights could give increased fodder to this argument. Accordingly, we're proposing this change to eliminate that argument from the conversation.
 



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