W3C home > Mailing lists > Public > public-lod@w3.org > June 2009

Re: LOD Data Sets, Licensing, and AWS

From: Rob Styles <rob.styles@talis.com>
Date: Wed, 24 Jun 2009 09:13:57 +0100
Cc: "Ian Davis" <lists@iandavis.com>, <public-lod@w3.org>
Message-ID: <D314C70F-C908-4033-8566-4D3E0564251A@talis.com>
To: "Peter Ansell" <ansell.peter@gmail.com>
On 24 Jun 2009, at 00:04, Peter Ansell wrote:

> 2009/6/24 Ian Davis <lists@iandavis.com>
> On Tue, Jun 23, 2009 at 11:11 PM, Kingsley Idehen <kidehen@openlinksw.com 
> > wrote:
> Using licensing to ensure the data providers URIs are always  
> preserved delivers low cost and implicit attribution. This is what I  
> believe CC-BY-SA delivers. There is nothing wrong with granular  
> attribution if compliance is low cost. Personally, I think we are on  
> the verge of an "Attribution Economy", and said economy will  
> encourage contributions from a plethora of high quality data  
> providers (esp. from the tradition media realm).
> Regardless of any attribution economy, CC-BY-SA is basically  
> unenforceable for data so is not appropriate. You can't copyright  
> the diameter of the moon.
> Ian
> Interestingly, there is a large economy involved with patenting gene  
> sequences. Aren't they facts also? Why is patenting different to  
> copyright in this respect?


Patents and Copyright differ in many respects.

Firstly, Copyright protection is given to creative works automatically  
with no need to register. Simply by authoring something that shows a  
basic level of creative expression I am granted Copyright protection  
over that work. This is fairly uniform throughout countries that trade  
with the US as the US has pushed very hard to unify the protection of  
its own IP globally. Copyright only applies to the work I've done  
though, characters, ideas and many other aspects are not covered.

Patents on the other hand require a successful patent application and  
(though this is debatable in many cases) have a rigourous set of rules  
about the novelty of the invention applied. In the case of gene  
sequences it is not the sequence alone that is patented, but inventive  
description of the possible treatments, cures or other benefits of  
manipulating the gene (http://www.guardian.co.uk/science/2000/nov/15/genetics.theissuesexplained 
). That is, Patent protection covers the idea where Copyright does not.

The other major difference is in how they can apply to what you do. If  
you create something that is very similar to somebody else's work, but  
can show that the original work was not referenced in any way, then  
you have not infringed the copyright of that work (of course, that's  
difficult to show). With a patent, however, the idea is protected  
exclusively for the original inventor even if you came up with the  
same idea completely independently.


> Cheers,
> Peter

Rob Styles
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Received on Wednesday, 24 June 2009 08:14:46 UTC

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