Under Construction
Source: Open Data Commons text (2010Dec10)
§0Preamble
§0¶1§0¶1ṣ1The Open Data Commons — Public Domain Dedication & Licence
is a document intended
to allow you
to freely share,
modify,
and use this work
for any purpose
and without any restrictions.
§0¶1ṣ2This licence is intended
for use
on databases
or their contents
(data
),
either together
or individually.
§0¶2§0¶2ṣ1Many databases are covered by copyright.
§0¶2ṣ2Some jurisdictions,
mainly
in Europe,
have specific special rights
that cover databases called the sui generis
database right.
§0¶2ṣ3Both
of these sets
of rights,
as well as other legal rights used
to protect databases
and data,
can create uncertainty
or practical difficulty
for those wishing
to share databases
and their underlying data
but retain a limited amount
of rights
under a some rights reserved
approach
to licensing as outlined
in the Science Commons Protocol
for Implementing Open Access Data.
§0¶2ṣ4As a result,
this waiver
and licence tries
to the fullest extent possible
to eliminate
or fully license any rights
that cover this database
and data.
§0¶2ṣ5Any Community Norms
or similar statements
of use
of the database
or data do not form a part
of this document,
and do not act as a contract
for access
or other terms
of use
for the database
or data.
§0.1The position of the recipient of the work
§0.1¶1§0.1¶1ṣ1Because this document places the database and its contents in or as close as possible within the public domain, there are no restrictions or requirements placed on the recipient by this document. §0.1¶1ṣ2Recipients may use this work commercially, use technical protection measures, combine this data or database with other databases or data, and share their changes and additions or keep them secret. §0.1¶1ṣ3It is not a requirement that recipients provide further users with a copy of this licence or attribute the original creator of the data or database as a source. §0.1¶1ṣ4The goal is to eliminate restrictions held by the original creator of the data and database on the use of it by others.
§0.2The position of the dedicator of the work
§0.2¶1§0.2¶1ṣ1Copyright law,
as
with most other law
under the banner
of intellectual property
,
is inherently national law.
§0.2¶1ṣ2This means
that there exists several differences
in how copyright
and other IP rights can be relinquished,
waived
or licensed
in the many legal jurisdictions
of the world.
§0.2¶1ṣ3This is despite much harmonisation
of minimum levels
of protection.
§0.2¶1ṣ4The internet
and other communication technologies
span these many disparate legal jurisdictions
and thus pose special difficulties
for a document relinquishing
and waiving intellectual property rights,
including copyright
and database rights,
for use by the global community.
§0.2¶1ṣ5Because
of this feature
of intellectual property law,
this document first relinquishes the rights
and waives the relevant rights
and claims.
§0.2¶1ṣ6It then goes on
to license these same rights
for jurisdictions
or areas
of law
that may make it difficult
to relinquish
or waive rights
or claims.
§0.2¶2§0.2¶2ṣ1The purpose
of this document is
to enable rightsholders
to place their work
into the public domain.
§0.2¶2ṣ2Unlike licences
for free
and open source software,
free cultural works,
or open content licences,
rightsholders will not be able
to dual license
their work by releasing the same work
under different licences.
§0.2¶2ṣ3This is
because they have allowed anyone
to use the work
in whatever way they choose.
§0.2¶2ṣ4Rightsholders therefore can't re-license it
under copyright
or database rights
on different terms
because they have nothing left
to license.
§0.2¶2ṣ5Doing
so creates truly accessible data
to build rich applications
and advance the progress
of science
and the arts.
§0.2¶3§0.2¶3ṣ1This document can cover either or both of the database and its contents (the data). §0.2¶3ṣ2Because databases can have a wide variety of content — not just factual data — rightsholders should use the Open Data Commons — Public Domain Dedication & Licence for an entire database and its contents only if everything can be placed under the terms of this document. §0.2¶3ṣ3Because even factual data can sometimes have intellectual property rights, rightsholders should use this licence to cover both the database and its factual data when making material available under this document; ṣ3.1even if it is likely that the data would not be covered by copyright or database rights.
§0.2¶4§0.2¶4ṣ1Rightsholders can
also use this document
to cover any copyright
or database rights claims over only a database,
and leave the contents
to be covered by other licences
or documents.
§0.2¶4ṣ2They can do this
because this document refers
to the Work
,
which can be
either —
or both — the database
and its contents.
§0.2¶4ṣ3As a result,
rightsholders need
to clearly state what they are dedicating
under this document when they dedicate it.
§0.2¶5§0.2¶5ṣ1Just like any licence or other document dealing with intellectual property, rightsholders should be aware that one can only license what one owns. §0.2¶5ṣ2Please ensure that the rights have been cleared to make this material available under this document.
§0.2¶6§0.2¶6ṣ1This document permanently and irrevocably makes the Work available to the public for any use of any kind, and it should not be used unless the rightsholder is prepared for this to happen.
§0.2¶7§0.2¶7ṣ1Part I: Introduction
§0.2¶8§0.2¶8ṣ1The Rightsholder (the Person holding rights or claims over the Work) agrees as follows:
1.0 §1Definitions of Capitalised Words
§1¶1§1¶1ṣ1Copyright
—
Includes rights
under copyright and
under neighbouring rights
and similarly related sets
of rights
under the law
of the relevant jurisdiction
under Section 6.4.
§1¶2§1¶2ṣ1Data
—
The contents
of the Database,
which includes the information,
independent works,
or other material collected
into the Database offered
under the terms
of this Document.
§1¶3§1¶3ṣ1Database
—
A collection
of Data arranged
in a systematic
or methodical way
and individually accessible by electronic
or other means offered
under the terms
of this Document.
§1¶4§1¶4ṣ1Database Right
—
Means rights over Data resulting
from the Chapter III
(sui generis
)
rights
in the Database Directive
(Directive 96/9/EC
of the European Parliament and
of the Council
of 11 March 1996
on the legal protection
of databases)
and any future updates as well as any similar rights available
in the relevant jurisdiction
under Section 6.4.
§1¶5§1¶5ṣ1Document
—
means this relinquishment
and waiver
of rights
and claims
and back up licence agreement.
§1¶6§1¶6ṣ1Person
—
Means a natural
or legal person
or a body
of persons corporate
or incorporate.
§1¶7§1¶7ṣ1Use
—
As a verb,
means doing any act
that is restricted by Copyright
or Database Rights whether
in the original medium
or any other;
ṣ1.1and includes modifying the Work as may be technically necessary
to use it
in a different mode
or format.
§1¶7ṣ2This includes the right
to sublicense the Work.
§1¶8§1¶8ṣ1Work
—
Means either
or both
of the Database
and Data offered
under the terms
of this Document.
§1¶9§1¶9ṣ1You
—
the Person acquiring rights
under the licence elements
of this Document.
§1¶10§1¶10ṣ1Words in the singular include the plural and vice versa.
2.0 §2What this document covers
2.1. §2.1Legal effect of this Document.
§2.1¶1§2.1¶1ṣ1This Document is:
- a. §2.1¶1.a§2.1¶1.aṣ1A dedication to the public domain and waiver of Copyright and Database Rights over the Work; ṣ1.1and
- b. §2.1¶1.b§2.1¶1.bṣ1A licence of Copyright and Database Rights over the Work in jurisdictions that do not allow for relinquishment or waiver.
2.2. §2.2Legal rights covered.
The next two paragraphs have run-in headings
and so are numbered here
as two subsections,
even though the first paragraph
ends with and
and no period:
a. §2.2.aCopyright. §2.2.a¶1§2.2.a¶1ṣ1Any copyright or neighbouring rights in the Work. §2.2.a¶1ṣ2Copyright law varies between jurisdictions, but is likely to cover: ṣ2.1the Database model or schema, which is the structure, arrangement, and organisation of the Database, and can also include the Database tables and table indexes; ṣ2.2the data entry and output sheets; ṣ2.3and the Field names of Data stored in the Database. §2.2.a¶1ṣ3Copyright may also cover the Data depending on the jurisdiction and type of Data; ṣ3.1and
b. §2.2.bDatabase Rights. §2.2.b¶1§2.2.b¶1ṣ1Database Rights only extend to the extraction and re-utilisation of the whole or a substantial part of the Data. §2.2.b¶1ṣ2Database Rights can apply even when there is no copyright over the Database. §2.2.b¶1ṣ3Database Rights can also apply when the Data is removed from the Database and is selected and arranged in a way that would not infringe any applicable copyright.
In the original both the preceding section and the next section
are numbered 2.2
.
Here each section is given a separate, sequential number.
In the original, subsection numbers no longer end with a period after this point. Here, each subsection number terminates with a period.
2.3. §2.3Rights not covered.
- a. §2.3¶0.a§2.3¶0.aṣ1This Document does not apply to computer programs used in the making or operation of the Database;
- b. §2.3¶0.b§2.3¶0.bṣ1This Document does not cover any patents over the Data or the Database. §2.3¶0.bṣ2Please see Section 4.2 later in this Document for further details; ṣ2.1and
- c. §2.3¶0.c§2.3¶0.cṣ1This Document does not cover any trade marks associated with the Database. §2.3¶0.cṣ2Please see Section 4.3 later in this Document for further details.
§2.3¶1§2.3¶1ṣ1Users of this Database are cautioned that they may have to clear other rights or consult other licences.
2.4. §2.4Facts are free. §2.4¶1§2.4¶1ṣ1The Rightsholder takes the position that factual information is not covered by Copyright. §2.4¶1ṣ2This Document however covers the Work in jurisdictions that may protect the factual information in the Work by Copyright, and to cover any information protected by Copyright that is contained in the Work.
§2.4¶2§2.4¶2ṣ1Part II: Dedication to the public domain
3.0 §3Dedication, waiver, and licence of Copyright and Database Rights
3.1. §3.1Dedication of Copyright and Database Rights to the public domain. §3.1¶1§3.1¶1ṣ1The Rightsholder by using this Document, dedicates the Work to the public domain for the benefit of the public and relinquishes all rights in Copyright and Database Rights over the Work.
- a. §3.1¶1.a§3.1¶1.aṣ1The Rightsholder realises that once these rights are relinquished, that the Rightsholder has no further rights in Copyright and Database Rights over the Work, and that the Work is free and open for others to Use.
- b. §3.1¶1.b§3.1¶1.bṣ1The Rightsholder intends for their relinquishment to cover all present and future rights in the Work under Copyright and Database Rights, whether they are vested or contingent rights, and that this relinquishment of rights covers all their heirs and successors.
§3.1¶2§3.1¶2ṣ1The above relinquishment of rights applies worldwide and includes media and formats now known or created in the future.
3.2. §3.2Waiver of rights and claims in Copyright and Database Rights when Section 3.1 dedication inapplicable. §3.2¶1§3.2¶1ṣ1If the dedication in Section 3.1 does not apply in the relevant jurisdiction under Section 6.4, the Rightsholder waives any rights and claims that the Rightsholder may have or acquire in the future over the Work in:
- a. §3.2¶1.a§3.2¶1.aṣ1Copyright; ṣ1.1and
- b. §3.2¶1.b§3.2¶1.bṣ1Database Rights.
§3.2¶2§3.2¶2ṣ1To the extent possible in the relevant jurisdiction, the above waiver of rights and claims applies worldwide and includes media and formats now known or created in the future. §3.2¶2ṣ2The Rightsholder agrees not to assert the above rights and waives the right to enforce them over the Work.
3.3. §3.3Licence of Copyright and Database Rights when Sections 3.1 and 3.2 inapplicable. §3.3¶1§3.3¶1ṣ1If the dedication and waiver in Sections 3.1 and 3.2 does not apply in the relevant jurisdiction under Section 6.4, the Rightsholder and You agree as follows:
- a. §3.3¶1.a§3.3¶1.aṣ1The Licensor grants to You a worldwide, royalty-free, non-exclusive, licence to Use the Work for the duration of any applicable Copyright and Database Rights. §3.3¶1.aṣ2These rights explicitly include commercial use, and do not exclude any field of endeavour. §3.3¶1.aṣ3To 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.
3.4. §3.4Moral rights. §3.4¶1§3.4¶1ṣ1This section covers moral rights, including the right to be identified as the author of the Work or to object to treatment that would otherwise prejudice the author's honour and reputation, or any other derogatory treatment:
- a. ṣ1.aFor jurisdictions allowing waiver of moral rights, Licensor waives all moral rights that Licensor may have in the Work to the fullest extent possible by the law of the relevant jurisdiction under Section 6.4;
- b. ṣ1.bIf waiver of moral rights under Section 3.4 a in the relevant jurisdiction is not possible, Licensor agrees not to assert any moral rights over the Work and waives all claims in moral rights to the fullest extent possible by the law of the relevant jurisdiction under Section 6.4; and
- c. ṣ1.cFor jurisdictions not allowing waiver or an agreement not to assert moral rights under Section 3.4 a and b, the author may retain their moral rights over the copyrighted aspects of the Work.
§3.4¶2§3.4¶2ṣ1Please note that some jurisdictions do not allow for the waiver of moral rights, and so moral rights may still subsist over the work in some jurisdictions.
4.0 §4Relationship to other rights
4.1. §4.1No other contractual conditions. §4.1¶1§4.1¶1ṣ1The Rightsholder makes this Work available to You without any other contractual obligations, either express or implied. §4.1¶1ṣ2Any Community Norms statement associated with the Work is not a contract and does not form part of this Document.
4.2. §4.2Relationship to patents. §4.2¶1§4.2¶1ṣ1This Document does not grant You a licence for any patents that the Rightsholder may own. §4.2¶1ṣ2Users of this Database are cautioned that they may have to clear other rights or consult other licences.
4.3. §4.3Relationship to trade marks. §4.3¶1§4.3¶1ṣ1This Document does not grant You a licence for any trade marks that the Rightsholder may own or that the Rightsholder may use to cover the Work. §4.3¶1ṣ2Users of this Database are cautioned that they may have to clear other rights or consult other licences.
§4.3¶2§4.3¶2ṣ1Part III: General provisions
5.0 §5Warranties, disclaimer, and limitation of liability
5.1.
§5.1§5.1¶1ṣ1The Work is provided by the Rightsholder
as is
and without any warranty
of any kind,
either express
or implied,
whether
of title,
of accuracy
or completeness,
of the presence
of absence
of errors,
of fitness
for purpose,
or otherwise.
§5.1¶1ṣ2Some jurisdictions do not allow the exclusion
of implied warranties,
so this exclusion may not apply
to You.
5.2. §5.2§5.2¶1ṣ1Subject to any liability that may not be excluded or limited by law, the Rightsholder is not liable for, and expressly excludes, all liability for loss or damage however and whenever caused to anyone by any use under this Document, whether by You or by anyone else, and whether caused by any fault on the part of the Rightsholder or not. §5.2¶1ṣ2This exclusion of liability includes, but is not limited to, any special, incidental, consequential, punitive, or exemplary damages. §5.2¶1ṣ3This exclusion applies even if the Rightsholder has been advised of the possibility of such damages.
5.3. §5.3§5.3¶1ṣ1If liability may not be excluded by law, it is limited to actual and direct financial loss to the extent it is caused by proved negligence on the part of the Rightsholder.
6.0 §6General
6.1. §6.1§6.1¶1ṣ1If any provision of this Document is held to be invalid or unenforceable, that must not affect the cvalidity or enforceability of the remainder of the terms of this Document.
6.2. §6.2§6.2¶1ṣ1This Document is the entire agreement between the parties with respect to the Work covered here. §6.2¶1ṣ2It replaces any earlier understandings, agreements or representations with respect to the Work not specified here.
6.3. §6.3§6.3¶1ṣ1This Document does not affect any rights that You or anyone else may independently have under any applicable law to make any use of this Work, including (for jurisdictions where this Document is a licence) fair dealing, fair use, database exceptions, or any other legally recognised limitation or exception to infringement of copyright or other applicable laws.
6.4. §6.4§6.4¶1ṣ1This Document takes effect in the relevant jurisdiction in which the Document terms are sought to be enforced. §6.4¶1ṣ2If the rights waived or granted under applicable law in the relevant jurisdiction includes additional rights not waived or granted under this Document, these additional rights are included in this Document in order to meet the intent of this Document.
- thomas · alspaugh @ acm · org
-
-
Attribution