On 29 June 2010 14:26, Feargal Hogan <[email protected]> wrote:
>
> No. that's pretty much what I was asking about.
>
> the scenario I have in mind is where a commercial publisher with a large
> dataset collected over many years, might want to make the data more freely
> available, but would want to prtect against an upstart competitor appearing
> on the horizon, using the original data.

OK. Then I don't think releasing in pieces under CC-BY-SA can safely
be assumed to prevent widespread re-utilisation of the database as a
whole, but that doesn't mean something like that cannot be done in
some other way.

The recent development of the right has been a bit counter-intuitive.
After the Fixtures Marketing cases a lot of classic commercial
database seemed not to be protected under the right (self-generated
data appears to be excluded). The Football fixtures lists have
recently had some success under database *copyright* (I.e. chapter II
not chapter III of the directive) on the grounds that they need
sufficient levels of intellectual input as to become "the author's own
intellectual creation".

So, when thinking about protecting a database you need to think
whether the sui generis right applies, or maybe copyright, or maybe
both and to what extent you can or wish to protect this via licensing.

I don't think the CC licenses can be relied on to do this, ODC
licenses are designed to do precisely the reverse, so I suggest you
roll your own. I'd like to say contracts and licenses aren't rocket
science (in the sense that you don't have to worry about how to
restart your engines in orbit) but I see sufficient numbers of bad
examples (almost entirely drafted by professionals for pay) that I can
see why you might want to use something that exists already.

-- 
Francis Davey

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