Hi Eric

An issue that I am concerned about that needs consideration is the
Collection. As a director of the openEHR Foundation, I am concerned that we
do not set up a situation where people merely collect or make minor
adaptations of an archetype and make it commercially available.

Your concern seems largely to relate to the derivative works. I believe that
the Foundation is only concerned here about derivative archetypes. I would
not consider a form or other coded artefact to be a derivative work of the
archetype. So the 'SA' license is really there to ensure that specialised or
adapted archetypes based on openEHR archetypes remain freely available.

I would think we could make a statement to be clear about this on the
licensing page.

I am interested in other people's views and I am sure David and Dipak will
as well.

Cheers, Sam

> -----Original Message-----
> From: openehr-technical-bounces at openehr.org [mailto:openehr-technical-
> bounces at openehr.org] On Behalf Of Erik Sundvall
> Sent: Monday, 14 September 2009 7:44 PM
> To: Stef Verlinden
> Cc: For openEHR clinical discussions; For openEHR technical discussions
> Subject: Re: License and copyright of archetypes
> 
> Hi Stef!
> 
> On Mon, Sep 14, 2009 at 11:02, Stef Verlinden <stef at vivici.nl> wrote:
> > Personally I would like to advocate a CC-BY-SA license: everybody is
> allowed
> > to use and modify the content as long as they attribute the author
> (BY part)
> > and if  If one alters, transforms, or builds upon this work, one may
> > distribute the resulting work only under the same or similar license
> to this
> > one (SA part). For more
> > information: http://creativecommons.org/licenses/by-sa/2.0/
> 
> In many cases I like the idea of SA (Share Alike) as a way of
> spreading (forcing?) openness to more areas, especially when it comes
> to certain software settings, but regarding the openEHR specifications
> and archetypes I'd suggest using just CC-BY (
> http://creativecommons.org/licenses/by/3.0/ ) in order to avoid hard
> questions regarding what "non-open" things are to be regarded as
> derivative works, see examples below. We probably want openEHR to be
> used in all kinds of mixed private/public settings.
> 
> In august 2008 I some of us had an off-list discussion regarding
> archetype licensing I quote myself (since I do not know if I have
> permission to quote others in that discussion), note that the quoted
> text below regards archetypes, not the openEHR specifications...
> 
> "What kind of value do you believe the SA requirement will add in the
> case of archetypes?
> 
> SA does not require you to actively submit anything to any process,
> just to license your derivative work under the same license to whoever
> happens to get hold of it somehow. People will submit works to a any
> review processes they find valuable, and most likely that will include
> openEHR's public process.
> 
> Requiring SA in addition to BY might add value or it might mostly add
> complications and hard-to-interpet situations regarding what a
> derivative work is. Is data entered using the archetype a derivative
> work?
> Is a template or screen-form based on the archetype a derivative work?
> Is a book using the archetype in an example a derivative work? A
> specialization of an archetype intended for top-secret medical
> research is most likely a derivative work, is that a problem or not? It
> is issues like these that get companies uneasy regarding using things
> with SA-licencing-schemes (such as GPL) in some situations.
> 
> Another question is if SA is necessary in an openEHR-based health
> record exchange system. If you want to exchange archetyped data you're
> probably in most cases requested to supply the used archetype too
> anyway.
> 
> There may very well be good things in having BY-SA instead of only BY,
> but could you please clarify what you had in mind?"
> 
> ...that ends the quote from 2008.
> 
> Regarding the specifications additional questions like these arise with
> SA:
> - Can you write a commercial (i.e. a non CC-BY-SA) book or commercial
> presentation slides about openEHR?
> - Is an openEHR software implementation based on stubs autogenerated
> from openEHRs UML files to be considered a derivative work that can
> not be "closed" source code? Can it be released under e.g. Apache,
> MIT, or BSD license or not?
> 
> Best regards,
> Erik Sundvall
> erik.sundvall at liu.se (previously erisu at imt.liu.se)
> http://www.imt.liu.se/~erisu/    Tel: +46-13-227579
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