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Re: ODC-By license -- DFSG-compliant?

On 09/12/13 17:33, Yaroslav Halchenko wrote:
> Do you foresee any problems with
> Open Data Commons Attribution License (ODC-By) v1.0
> http://opendatacommons.org/licenses/by/
> full text of which is available here
> http://opendatacommons.org/licenses/by/1.0/
> and cited in its entirety below in this email.

Thanks for searching before asking.  What package are you considering
this for?

At first glance, I'm a bit unsure about the long notice it requires and
the effect of multiple-licensing.  It will almost always need to be
combined with (an) other licence(s), but it seems to meet DFSG 1, 2, 3
and 7 without violating 4, 5, 6, 8 or 9, so I don't see any other problems.

> P.S. Please maintain CC to Nick in the replies.


Quoting key sections:

> 2.4 Relationship to Contents in the Database. The individual items of
> the Contents contained in this Database may be covered by other rights,
> including copyright, patent, data protection, privacy, or personality
> rights, and this License does not cover any rights (other than Database
> Rights or in contract) in individual Contents contained in the Database.
> For example, if used on a Database of images (the Contents), this
> License would not apply to copyright over individual images, which could
> have their own separate licenses, or one single license covering all of
> the rights over the images.  

So I think it will nearly always need another licence to make a package
meet DFSG because it does not cover the copyright of the Contents (see 2.2).

> 3.1 Subject to the terms and conditions of this License, the Licensor
> grants to You a worldwide, royalty-free, non-exclusive, terminable (but
> only under Section 9) license to Use the Database for the duration of
> any applicable copyright and Database Rights. These rights explicitly
> include commercial use, and do not exclude any field of endeavour. To
> the extent possible in the relevant jurisdiction, these rights may be
> exercised in all media and formats whether now known or created in the
> future. 

This helps to meet DFSG 1 and 6.

> The rights granted cover, for example:
>   a. Extraction and Re-utilisation of the whole or a Substantial part of
>   the Contents;
>   b. Creation of Derivative Databases;
>   c. Creation of Collective Databases;
>   d. Creation of temporary or permanent reproductions by any means and
>   in any form, in whole or in part, including of any Derivative
>   Databases or as a part of Collective Databases; and [...]

This helps to meet DFSG 3.

> 3.3 The right to release the Database under different terms, or to stop
> distributing or making available the Database, is reserved. Note that
> this Database may be multiple-licensed, and so You may have the choice
> of using alternative licenses for this Database. Subject to Section
> 10.4, all other rights not expressly granted by Licensor are reserved.

How does multiple-licensing interact with section 4.2.a?  Can we
distribute under a multiple-licensing ourselves?

> ### 4.0 Conditions of Use
> 4.1 The rights granted in Section 3 above are expressly made subject to
> Your complying with the following conditions of use. These are important
> conditions of this License, and if You fail to follow them, You will be
> in material breach of its terms.
> 4.2 Notices. If You Publicly Convey this Database, any Derivative
> Database, or the Database as part of a Collective Database, then You
> must: 
>   a. Do so only under the terms of this License; [...]

This helps to meet DFSG 3, 4 and 7.

> 4.3 Notice for using output (Contents). Creating and Using a Produced
> Work does not require the notice in Section 4.2. However, if you
> Publicly Use a Produced Work, You must include a notice associated with
> the Produced Work reasonably calculated to make any Person that uses,
> views, accesses, interacts with, or is otherwise exposed to the Produced
> Work aware that Content was obtained from the Database, Derivative
> Database, or the Database as part of a Collective Database, and that it
> is available under this License.
>   a. Example notice. The following text will satisfy notice under
>   Section 4.3:
>         Contains information from DATABASE NAME which is made available
>         under the ODC Attribution License.

I'm not sure - is this an acceptable notice requirement?  It seems a bit

> 4.4 Licensing of others. You may not sublicense the Database. Each time
> You communicate the Database, the whole or Substantial part of the
> Contents, or any Derivative Database to anyone else in any way, the
> Licensor offers to the recipient a license to the Database on the same
> terms and conditions as this License. You are not responsible for
> enforcing compliance by third parties with this License, but You may
> enforce any rights that You have over a Derivative Database. You are
> solely responsible for any modifications of a Derivative Database made
> by You or another Person at Your direction. You may not impose any
> further restrictions on the exercise of the rights granted or affirmed
> under this License.

This helps to meet DFSG 7.

> 9.3 Unless terminated under Section 9.1, this License is granted to You
> for the duration of applicable rights in the Database. 

This helps to meet DFSG 1, as does 9.5 about relicensing.

I would welcome other analyses.
MJ Ray (slef), member of www.software.coop, a for-more-than-profit co-op
http://koha-community.org supporter, web and library systems developer.
In My Opinion Only: see http://mjr.towers.org.uk/email.html
Available for hire (including development) at http://www.software.coop/

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