Science Commons » Protocol for Implementing Open Access Data - The Diigo Meta page

• 04 Nov 09
  

  Tom Morris

  ip licensing open data data linkeddata

• 17 Jul 08
  

  Mike Chelen

  science commons open access data public domain

  • information for the Internet community
  • distributing data or databases
  • 70 more annotations...
  • • “open” and “open access”
    • requirements for gaining and using the Science Commons Open Access Data Mark and metadata
    • interoperability of scientific data
    • terms and conditions around data make integration difficult to legally perform
    • single license
    • data with this license can be integrated with any other data under this license
    • too many databases under too many terms already
    • unlikely that any one license or suite of licenses will have the correct mix of terms
    • principles for open access data and a protocol for implementing those principles
    • Open Access Data Mark and metadata
    • databases and data
    • the foundation to legally integrate a database or data product
    • another database or data product
    • no mechanisms to manage transfer or negotiations of rights unrelated to integration
    • submitted to Science Commons for certification as a conforming implementation
    • Open Access Data trademarks (icons and phrases) and metadata on databases
    • protocol must promote legal predictability and certainty
    • easy to use and understand
    • lowest possible transaction costs on users
    • Science Commons’ experience in distributing a database licensing Frequently Asked Questions (FAQ) file
    • hard to apply the distinction between what is copyrightable and what is not copyrightable
    • lack of simplicity restricts usage
    • reducing or eliminating the need to make the distinction between copyrightable and non-copyrightable elements
    • satisfy the norms and expectations of the disciplines providing the database
    • norms for citation will differ
    • norms must be attached
    • Converge on the public domain by waiving all rights based on intellectual property
    • reconstruction of the public domain
    • scientific norms to express the wishes of the data provider
    • public domain
    • waiving the relevant rights on data and asserting that the provider makes no claims on the data
    • Requesting behavior, such as citation, through norms rather than as a legal requirement based on copyright or contracts, allows for different scientific disciplines to develop different norms for citation.
    • waive all rights necessary for data extraction and re-use
    • copyright
    • sui generis database rights
    • claims of unfair competition
    • implied contracts
    • and other legal rights
    • any obligations on the user of the data or database such as “copyleft” or “share alike”, or even the legal requirement to provide attribution
    • non-legally binding set of citation norms
    • waiving other statutory or intellectual property rights
    • there are other rights, in addition to copyright, that may apply
    • sui generis rights apply in the European Union
    • uncopyrightable databases may be protected in some countries
    • waivers of sui generis and other legal grounds for database protection
    • no contractual controls
    • using contract, rather than intellectual property or statutory rights, to apply terms to databases
    • affirmatively declare that contractual constraints do not apply to the database
    • interoperation with databases and data not available under the Science Commons Open Access Data Protocol through metadata
    • data that is not or cannot be made available under this protocol
    • owner provides metadata (as data) under this protocol so that the existence of the non-open access data is discoverable
    • digital identifiers and metadata describing non-open access data
    • “Licensing” a database typically means that the “copyrightable elements” of a database are made available under a copyright license
    • Database FAQ, in its first iteration, recommended this method
    • recommendation is now withdrawn
    • copyright begins in and ends in many databases
    • database divided into copyrightable and non copyrightable elements
    • user tends to assume that all is under copyright or none is under copyright
    • copyright in situations where it is not necessary
    • share-alike license on the copyrightable elements may be falsely assumed to operate on the factual contents of a database
    • query across tens of thousands of data records across the web might return a result which itself populates a new database
    • selective waiving of intellectual property rights fail to provide a high degree of legal certainty and ease of use
    • problem of false expectations
    • apply a “copyleft” term to the copyrightable elements of a database, in hopes that those elements result in additional open access database elements coming online
    • uncopyrightable factual content
    • republish those contents without observing the copyleft or share-alike terms
    • cascading attribution if attribution is required as part of a license approach
    • Would a scientist need to attribute 40,000 data depositors in the event of a query across 40,000 data sets?
    • conflict with accepted norms in some disciplines
    • imposes a significant transaction cost
• 09 May 08
  

  Darlene Fichter

  Scholarly Communication Data

  • The Protocol is a method for ensuring that scientific databases can be legally integrated with one another. The Protocol is built on the public domain status of data in many countries (including the United States) and provides legal certainty to both data deposit and data use. The protocol is not a license or legal tool in itself, but instead a methodology for a) creating such legal tools and b) marking data already in the public domain for machine-assisted discovery.
  • The Protocol is a method for ensuring that scientific databases can be legally integrated with one another. The Protocol is built on the public domain status of data in many countries (including the United States) and provides legal certainty to both data deposit and data use. The protocol is not a license or legal tool in itself, but instead a methodology for a) creating such legal tools and b) marking data already in the public domain for machine-assisted discovery.
  • 1 more annotations...
  • • The Protocol is a method for ensuring that scientific databases can be legally integrated with one another. The Protocol is built on the public domain status of data in many countries (including the United States) and provides legal certainty to both data deposit and data use. The protocol is not a license or legal tool in itself, but instead a methodology for a) creating such legal tools and b) marking data already in the public domain for machine-assisted discovery.
• 25 Jan 08
  

  Luis Martinez-Uribe

  data-legal-framework interoperability open-data

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