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Concerns about OMICTOOLS terms of service..



Hello everybody,

it is really great to provide references to metadata repositories that
help describing the software that we distribute.

However, I have looked at the terms of use of OMICtools and I have
serious concerns:

https://omictools.com/terms-of-use

On one hand, the data seems to be Free:

> The user is authorized to modify, extract (i.e., permanently or temporarily
> transfer) and reuse all or part of substantial data, in qualitative or
> quantitative terms, that is contained in the database.

But on the other hand, the "database" holidng the data is protected:

> The user shall be informed that the database architecture, its presentation,
> its layout and the method of classification of data listed therein, such as
> described above, are protected by copyright.
> 
> The user has a simple right of use on said database with a view to the
> access, consultation, modification, extraction and reuse of data in the
> conditions provided in this agreement.
> 
> Therefore, the user has no right to reproduce, adapt, translate or represent the database. 
> 
>  The user also undertakes not to:
> 
>  * reproduce the method of classification of the data used by the Licensor, as
>     well as the database architecture;
> 
>  * modify or create derivative works of the database without the Licensor’s
>    prior written approval;
> 
>  * use the database with the intention of creating a new database reproducing
>    the method of classification of the Licensor and/or the database architecture;
> 
>  * manipulate and/or use the database in a way that could directly or
>    indirectly compete with the Licensor;

And the database is defined as follows:

> Database: shall mean the database called “OMICTOOLS”, including:
>
>  * the data. This data is made up of software fact sheets in the scientific
>    fields. These sheets may be freely modified by the users;
>
>  * the presentation of data and the structure of the database;
> 
>  * the indexing system and the classification of data per phase (by
>    technology, by application and by analysis phase);
> 
>  * the related documentation;
> 
>  * the updates;
> 
>  * the new versions.

Thus, I am not sure if the OMICtools IDs are part of the data or the database.
In addition, I am confused, by the fact that a) the data is said to be free,
but b) the database is not and c) the data is said to be part of the database.

Points like the non-competition clause above are very broad and makes me think
that we should avoid OMICtools.  For instance, when we document OMICtoools ids
in parallel with SciCrunch RRIDs, we foster interoperation of course, but
indirectly it helps people to switch from one to the other, which means that it
helps to "compete with the Licensor".

In contrast, for SciCrunch, "All content of the SciCrunch Sites/Services,
except where otherwise noted, is licensed under a Creative Commons Attribution
License."

Sorry to come a bit late to the party with criticisms.  What is your opinion
on the matter ?

Have a nice day,

Charles

-- 
Charles Plessy
Debian Med packaging team,
http://www.debian.org/devel/debian-med
Tsurumi, Kanagawa, Japan


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