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Re: Non-copyrightable work with non-free license.

On Wed, Apr 04, 2012 at 10:13:03AM -0400, Yaroslav Halchenko wrote:
> I keep sticking out my head over and over again [e.g. 1, recently on R
> list] asking the same questions trying to clear up my understanding of
> data-copyrightability and licensing issues.

> yesterday I have found a nice summary [2] which I think might clarify
> situation here as well a bit.  From what I see

>   Database itself can easily be protected by a copyright as a "compilation"
> even if specific data pieces in the database are not copyrightable and plain
> facts; so you would need to obey the license terms if you are just going to
> ship the database as a whole or a major part of it.  Data itself, if taken
> sparingly (;-)) might not be protected by a copyright (thus reused freely), BUT
> if it all comes from EU -- situation might be different: "... a sui generis
> right that prohibits the extraction or reutilization of any database in which
> there has been a substantial investment in either obtaining, verification, or
> presentation of the data contents. Under this second right, there is no
> requirement for creativity or originality." [2]  So there I guess you would
> need to obtain such facts from other means/sources.

> [1] https://stat.ethz.ch/pipermail/r-devel/2012-April/063762.html
> [2] http://www.bitlaw.com/copyright/database.html

UniProt.org is registered in the US.  Is there any reason to believe this
particular work is tainted by EU database rights?

Steve Langasek                   Give me a lever long enough and a Free OS
Debian Developer                   to set it on, and I can move the world.
Ubuntu Developer                                    http://www.debian.org/
slangasek@ubuntu.com                                     vorlon@debian.org

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