Hi everyone,

In light of the recent re-licensing of 
FHIR<http://www.healthintersections.com.au/?p=2248> using the Creative Commons 
CC0 Public Domain Dedication as well as the discussion about licensing at the 
2014 openEHR Roadmap 
Meeting<http://www.openehr.org/wiki/display/oecom/September+2014+Roadmap+Meeting>
 in Lillestr?m on September 16 and 17, I'd like to restart the discussion on 
licensing of openEHR specifications and artefacts (mainly archetypes, but also 
potentially templates and terminology sets).

As of now, the specifications are licensed using the Creative Commons 
Attribution No-Derivatives<http://creativecommons.org/licenses/by-nd/3.0/> 
(CC-B-ND) license, while the Creative Commons Attribution 
Share-Alike<http://creativecommons.org/licenses/by-sa/3.0/> (CC-BY-SA) is used 
for artefacts. Several issues have been raised about this choice of licences. 
Feel free to add to this list, I'm bound to have forgot some issues:

CC-BY-ND (for specs):

?         Theoretically, a hostile takeover of the openEHR Foundation might 
leave the openEHR specs dead, as with the CC-BY-ND only the copyright holder 
(the Foundation) has the rights to modify them. A forkable license like for 
instance CC-BY-SA would solve this issue. Global registering of the openEHR 
trademark would keep any derivates to be branded as "openEHR".

CC-BY-SA (for artefacts):

?         Commercial implementers might avoid using CC-BY-SA artefacts because 
the license requires any published modifications of the work to be licensed 
using the same license. This might lead implementers to believe the license 
would require them to license their entire software product as CC-BY-SA. There 
are several examples of CC-BY-SA works being used in copyrighted works, such as 
Wikipedia articles being used in newspapers, but this is probably reliant on a 
benign licensor, which any normal commercial company can't rely 100% on. The 
way I see it, this problem could be solved in one of two ways:

o   Use the CC-BY license, which retains the attribution clause, but doesn't 
require any derivative works to use the same license. This has the disadvantage 
of enabling proprietary tweaking of archetypes, which could potentially ruin 
interoperability.

o   Retain the CC-BY-SA license, but add an explicit clause that allows all 
implementers to use artefacts in closed-source, proprietary products with any 
license they like. Artefacts published by themselves, as standalone archetypes, 
templates or terminology sets would still be bound by the ShareAlike clause. 
This is supported by Creative Commons via the 
CC+<https://wiki.creativecommons.org/CCPlus> protocol.

I realise these issues will ultimately be decided by the board of the openEHR 
Foundation, but if the community can come to some kind of consensus on this 
issue I would hope it'd send them a strong signal.
Kind regards,
Silje Ljosland Bakke
Coordinator, National Editorial Board for Archetypes, National ICT Norway
Adviser, R&D dept, E-health section, Bergen Hospital Trust
Tel. +47 40203298

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