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Re: There's No Money in Linked Data

From: Graham Klyne <GK-lists@ninebynine.org>
Date: Mon, 03 Jun 2013 08:41:06 +0100
Message-ID: <51AC4892.2090707@ninebynine.org>
To: Sören Auer <auer@informatik.uni-leipzig.de>
CC: Pascal Hitzler <pascal.hitzler@wright.edu>, Tim Berners-Lee <timbl@w3.org>, SW-forum Web <semantic-web@w3.org>
On 01/06/2013 17:47, Sören Auer wrote:
> PS: A few days I attended a talk by a German lawyer about data licensing
> and he said that if you publish your data on the Web without access
> control, it is (at least in Germany) not secured by any IPR and everyone
> can (without asking the publisher) use the data, republish it and do
> whatever with it as he pleases. If this is really true, at least for all
> Germans all data published as Linked Data on the Web without any license
> would be Open Data too;-)

See: http://cacm.acm.org/magazines/2013/5/163772-fair-use-in-europe/abstract

Unfortunately, it's behind an ACM paywall for those without institutional access 
or ACM membership.  The bit I was recalling was:

"In a case involving Google Image Search the German Federal Supreme Court took a 
middle-ground position by holding, on the one hand, that Google's unauthorized 
use of (thumbnail) images is not exempted by any existing statutory limitation. 
On the other hand, any author that makes his content available on the Web 
without blocking webcrawlers, is deemed to have consented to the use of his 
content by search services."

"c. German Federal Supreme Court (Bundesgerichtshof), Judgment of April 29, 
2010, Case I ZR 69/08, available in German at http://www.bundesgerichtshof.de."

(Hmmm... I *think* that's "fair use", or "quotation" under EU rules ;) )

The article goes on to say the issue will eventually be resolved by reference to 
the European Court of Justice.

Received on Monday, 3 June 2013 08:07:24 UTC

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