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Re: Assigning CC-BY-4.0 licence to CIF dictionaries

The problem with simple CC-BY without SA is that:

CC BY. This license enables reusers to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use. CC BY includes the following elements: BY: credit must be given to the creator."

This means that the licensee is free to create a derivative work that is closed and does something completely different without having to disclose to anybody what this new thing does or how it does it.  For an app that can be very useful for encouraging for creative development of new and wonderful apps.  For a dictionary it can lead to the creation of a very different dialect with no clear documentation of how it differs and no way to find out. If you add a patent, you can make it even worse by being able to charge large fees to create documents that conform to the derived dictionary.

What CC-BY-SA does is 

The Creative Commons Attribution Share-Alike license allows re-distribution and re-use of a licensed work on the conditions that the creator is appropriately credited and that any derivative work is made available under “the same, similar or a compatible license”.

While that approach can be deadly to commercial app development, which is why CBFlib allows use of the LGPL with the operating system exception in addition to  allowing full GPL licensing, it is exactly what a dictionary needs in order to allow derivative dialects to the fully understood,  It won't stop people from making better dialects, but it will make sure that the derivative dictionary is fully open and available so that it can be understood, avoiding the chaos of propretary (i.e. secret internals or pay-wall protected) dialects.

This may seem like a far-fetched concern, but it is exactly what has happened many times with telecommunications, graphics, and compression protocols, especially in interacting with patents.  For example, we went through a couple of painful decades of essentially being unable to use the LZW-derived compression algorithms in crystallography until the patents expired, and it made several graphics formats unusable without paying large fees.  Use of CC-BY for documents, like BSD for software, is an invitation to some nasty patent troll to cause trouble,  Yes this is not a serious problem in large parts of the world that are not as litigious as the US, but in the US patent trolls are a very real problem.

I would suggest consulting with a good lawyer.  IP law is very entertaining in the abstract, but running afoul of it can be very expensive.


On Wed, Apr 3, 2024 at 9:25 PM James H <jamesrhester@gmail.com> wrote:
Herbert, can you describe a concrete scenario in which CC-BY-SA would reduce chaos more than CC-BY? CC-BY-SA still allows modification and distribution of altered dictionaries, and it is not clear to me that e.g. the liberal MIT licence has actually brought more chaos to projects using it than the GPL.


On Thu, 4 Apr 2024 at 00:10, Herbert J. Bernstein via comcifs <comcifs@iucr.org> wrote:
Personally, I would prefer CC-BY-SA for any dictionary to CC-BY, since the SA clause
reduces the chance of abuse by malicious actors, for the same reason that the infectious
GPL is the most effective license for open source software to prevent abuse.   Yes,
Steve is right that the CC-BY licenses are hard to enforce -- they have not been
tested in court that way the GPL has -- but if our intention is to limit the spread of
conflicting dialects CC-BY-SA at least makes our intention to reduce the chaos clear. 

On Wed, Apr 3, 2024 at 7:10 AM Brian McMahon via comcifs <comcifs@iucr.org> wrote:
I confirm that CC-BY-4.0 would fit in with the projected workflow that
the Chester office has in place for assigning DOIs to future releases
of the dictionaries.

Two corollaries:

(1) Should we then have a _dictionary.licence term in the DDLm dictionary?
    That would advertise the licence explicitly upon opening the dictionary.
    Perhaps one also needs a _dictionary.licence_url to allow the full
    content of the licence to be retrieved?
(2) If so, we can enforce a single enumeration value (CC-BY-4.0) or we can
    allow additional values (if the community needs that for the exemptions
    that might be required e.g. by funding bodies as James mentions).

Brian


On 03/04/2024 05:09, James H via comcifs wrote:
> Dear COMCIFS,
>
> It may come as some surprise that no licence is attached to our
> dictionaries. As these are machine-readable, they are available for
> other automated ontology-management systems (e.g. EMMO) to ingest and
> transform, however, the lack of a licence opens them up to perceived
> legal jeopardy. From time to time in the past licensing has been raised
> but not followed through on, the latest as far as I can tell being 2011.
> An educational thread from 1999 can be read
> https://www.iucr.org/__data/iucr/lists/comcifs-l/msg00032.html
> <https://www.iucr.org/__data/iucr/lists/comcifs-l/msg00032.html> and the
> statement of IUCr policy originating at that time is at
> https://www.iucr.org/resources/cif/comcifs/policy
> <https://www.iucr.org/resources/cif/comcifs/policy>
>
> Since that time, Creative Commons have produced licences for material
> that is intended to be shared. These licenses are designed to work
> across international legal systems. The two which seem most appropriate
> to us are CC0 (public domain), which is essentially renouncing all
> rights conferred by copyright, and CC-BY, which does the same, but
> requires attribution and that any changes to the original are clearly
> indicated. I urge you to have a look at
> https://creativecommons.org/share-your-work/
> <https://creativecommons.org/share-your-work/> for background on
> creative commons.
>
> Having pondered the above, I would like now to propose that our
> dictionaries are licensed as CC-BY, for the following reasons, based on
> the decision points in the Creative Commons "chooser" tool:
>
> 1. We need to pick a licence for clarity (see above)
> 2. CC0 (public domain) would theoretically allow somebody to take our
> dictionaries and claim them as their own or to distribute subtly but
> incorrectly modified versions. Note that the wwPDB does license their
> data as CC0, so this concern on my part may be misguided, particularly
> in a scientific community where the IUCr is an authoritative source
> 3. We do not wish to restrict use of our dictionaries for commercial
> purposes, for example, if a diffractometer manufacturer wished to bundle
> a dictionary and add their own data names to it, they should not need to
> spend their time or our time gaining permission. Simply following the
> rules for attribution and flagging modifications should be enough.
> 4. Transformation and adaptation of our dictionaries is an increasingly
> common approach as neighbouring disciplines realise that they can save a
> lot of time (e.g. the ongoing EMMO work). Allowing this type of
> modification is just normal scientific practice, where one group builds
> on the openly available results of other groups, so we should not
> restrict it
> 5. We could require that any modified versions are published under the
> same licence, which would then make it CC-BY-ShareAlike. My opinion is
> that this type of restriction just introduces friction, for example,
> some funding body may require all outputs to be licensed according to
> some quite liberal licence that is not clearly compatible with
> CC-BY-ShareAlike, and so there's a need to seek an exemption.
>
> Please discuss. Those with insight into the wwPDB's choice of CC0 are
> welcome to weigh in. If there are no outstanding objections by the end
> of the month I will take that as agreement.
>
> best wishes,
> James.
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