[jira] [Commented] (LEGAL-182) Use of ODB-By v1.0

["Marvin Humphrey (JIRA)" <ji...@apache.org>]

    [ https://issues.apache.org/jira/browse/LEGAL-182?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13794763#comment-13794763 ] 

Marvin Humphrey commented on LEGAL-182:
---------------------------------------

The ODC-BY license is similar to CC-BY.

    http://opendatacommons.org/2010/06/24/open-data-commons-attribution-license-released/

    ... This is a database specific license requiring attribution for databases.
    This makes ODC-BY similar to the Creative Commons Attribution license, but
    is built specifically for databases...

As with CC-BY, the license steward provides another license which sets out
"share alike" provisions conspicuously missing from the "attribution" license:

    ODbL -- Attribute, share-alike, keep-open:

        http://opendatacommons.org/licenses/odbl/summary/

    ODC-BY -- Attribute:

        http://opendatacommons.org/licenses/by/summary/

CC-BY is not approved for use in ASF products at this time, but is being
discussed at LEGAL-179 and is trending positive.  In-depth consideration of
ODC-BY should probably wait until the issue of CC-BY is resolved, but it seems
likely that ODC-BY would either be classified as "category A" or "category B".
(IANAL but FWIW I didn't detect anything objectionable from a superficial
read-through of both the summary and the license.)

Dave Fisher flagged clause 2.4 on the general@incubator list:

    http://s.apache.org/eYL

    This clause:

    > 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. - See more at:
    > http://opendatacommons.org/licenses/by/1.0/#sthash.z2xdvHcd.dpuf

    Further investigation into the contents may be required.

The data within DBLP consists of bibliographic metadata:

    http://dblp.uni-trier.de/faq/What+is+dblp.html

    The dblp computer science bibliography is an on-line reference for
    bibliographic information on major computer science publications. It has
    evolved from an early small experimental web server to a popular open-data
    service for the computer science community. Our mission at dblp is to
    support computer science researchers in their daily efforts by providing
    free access to high-quality bibliographic meta-data and links to the
    electronic editions of publications.

    dblp currently indexes over 2.3 million publications, published by more
    than 1.2 million authors. To this end, dblp indexes more than 18 000
    journal volumes, about 20 000 conferences or workshops, and more than
    15 000 monographs. Please find more statistics on dblp here.

In this case at least, I don't think we need to be concerned about separate
licensing of individual bibliographic entries.  Further clarification is
available from the DBLP maintainers:

    http://dblp.uni-trier.de/xml/README.txt

    1. Copyright and License
    ------------------------

    Copyright (c) 1993-2011 by Michael Ley (University of Trier, Informatik,
    ley@uni-trier.de) and Schloss Dagstuhl - Leibniz-Zentrum fuer Informatik
    GmbH

    The data provided by DBLP on its webpages as well as the XML files
    available at our website are released under the Open Data Commons
    Attribution License (ODC-BY 1.0). You are free to copy, distribute, use,
    modify, transform, build upon, and produce derived works from our data as
    long as you attribute any public use of the data, or works produced from
    the data, in the manner specified in the license. Read the full ODC-BY 1.0
    license text at

     http://opendatacommons.org/licenses/by/1.0/

    for the exact terms that apply. The ODC-BY 1.0 license is courtesy of the
    Open Knowledge Foundation (http://okfn.org/).

    In the eyes of DBLP, a simple note refering to DBLP and/or a link back to
    DBLP's website is sufficient to meet the attribution criterion. Individual
    use of only a small number of records (such as  a publication list of a
    few authors or the table of content of a proceedings volume) does not need
    attribution. Of course, we are always happy if you link to us.

VXQuery's usage of the ODC-BY material is limited to test case data.  (It seems
unlikely that a downstream consumer would inadvertently create a derivative
work.)  I believe that providing a link in either LICENSE or NOTICE
suffices to meet the attribution requirements in the DBLP README.

A non-binding +1 from me to approve VXQuery's specific, limited usage of the
DBLP database.

> Use of ODB-By v1.0
> ------------------
>
>                 Key: LEGAL-182
>                 URL: https://issues.apache.org/jira/browse/LEGAL-182
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Till Westmann
>
> The RC4 of the 0.2 release of Apache VXQuery (incubating) contains an XML version of the DBLP database.
> The DBLP database (see http://dblp.uni-trier.de/xml/README.txt) is released under the Open Data Commons Attribution License (ODC-By) v1.0 (http://opendatacommons.org/licenses/by/1.0/).
> Can this database be part of the release - if the license in referenced by its URI in the LICENSE file (see 4.2 b of the license text http://opendatacommons.org/licenses/by/1.0/ )?



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