sharing scientific data:
legal, normative, and social issues

                    kaitlin thaney
       program manager, sc...
legal issues:

“it’s complicated”
copyright and databases

        what’s protected? is it legal?

              facts are free

to what extent is there cre...
database protections based on jurisdiction

              sui generis,
          “sweat of the brow”
            Crown cop...
still murky ...

  what is / is not protected?
what rights does the user have?
social issues:

 protection instinct / culture of control

PD relinquishes much of this control, even
    control in the s...
issue of license propagation

   whatever you do to the least of the
databases, you do to the integrated system

       (t...
need for a legally accurate and
              simple solution

reducing or eliminating the need to make the
       distinc...
our solution -

  reconstruction of the public domain

 create legal zones of certainty for data

attribution through acco...
3.1 The protocol must promote legal predictability
and certainty.

3.2 The protocol must be easy to use and understand.

3...
CC Zero waiver + SC norms



  waive rights   public domain

  attribution / citation through
community norms, not a contr...
a protocol, not a license
calls for data providers to waive all rights
necessary for data extraction and re-use

  requires provider place no additi...
public domain is the natural state of data

               examples:
  human genome, geographic data,
       NASA photogra...
public domain = license, cannot be made
       “more free” - only less free

     PD = the original commons

     at least...
ensure freedom to integrate


  kaitlin@creativecommons.org
        sciencecommons.org
         neurocommons.org
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Sharing Scientific Data: Legal, Normative and Social Issues

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A look at the legal, normative and social issues surrounding data sharing and the ways we've chosen to address this increasingly complex space.

Presented in Beijing on 25 March 2009.A l

Published in: Technology
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Sharing Scientific Data: Legal, Normative and Social Issues

  1. 1. sharing scientific data: legal, normative, and social issues kaitlin thaney program manager, science commons beijing, china - 25 march 2009 This presentation is licensed under the CreativeCommons-Attribution-3.0 license.
  2. 2. legal issues: “it’s complicated”
  3. 3. copyright and databases what’s protected? is it legal? facts are free to what extent is there creative expression?
  4. 4. database protections based on jurisdiction sui generis, “sweat of the brow” Crown copyright the list goes on ....
  5. 5. still murky ... what is / is not protected? what rights does the user have?
  6. 6. social issues: protection instinct / culture of control PD relinquishes much of this control, even control in the service of freedom “my data”, interpretation issues fear, uncertainty, doubt (FUD)
  7. 7. issue of license propagation whatever you do to the least of the databases, you do to the integrated system (the most restrictive wins)
  8. 8. need for a legally accurate and simple solution reducing or eliminating the need to make the distinction of what’s protected requires modular, standards based approach to licensing
  9. 9. our solution - reconstruction of the public domain create legal zones of certainty for data attribution through accompanying norms
  10. 10. 3.1 The protocol must promote legal predictability and certainty. 3.2 The protocol must be easy to use and understand. 3.3 The protocol must impose the lowest possible transaction costs on users. For the full text: http://sciencecommons.org/projects/publishing/open-access-data-protocol/
  11. 11. CC Zero waiver + SC norms waive rights public domain attribution / citation through community norms, not a contract
  12. 12. a protocol, not a license
  13. 13. calls for data providers to waive all rights necessary for data extraction and re-use requires provider place no additional obligations (like share-alike) to limit downstream use request behavior (like attribution) through norms and terms of use
  14. 14. public domain is the natural state of data examples: human genome, geographic data, NASA photographs
  15. 15. public domain = license, cannot be made “more free” - only less free PD = the original commons at least make metadata open, if can’t make data itself open
  16. 16. ensure freedom to integrate kaitlin@creativecommons.org sciencecommons.org neurocommons.org

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