Thank you for this interesting discussion.  Does this also apply to the ICSD
database?  I have made tables from data taken from ICSD - am I going to go
to jail?

                                - Kurt


----- Original Message ----- 
From: "Brian H. Toby" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Thursday, July 08, 2004 9:00 AM


> I have to agree with Vincent that I find aspects of CCDC's apparent
> actions troubling and warrant discussion even if all parties reach a
> happy agreement behind closed doors. If the CCDC claims partial
> ownership of everything derived from their database then how far does
> that go? Can they prevent someone from publishing an average bond
> distance mined from 10,000 structures? Do they require that the entire
> staff of the CCDC be included as coauthors?
>
> Alan is correct that there is much that we do not know: What information
> has Dr. Hoffmann has supplied only to Crystal Impact and what
> information is in the public domain?
>
> Since much is unclear, I will offer one possible argument on the CCDC's
> behalf. Academic researchers are given access to the CSD (and other)
> databases for academic (public) research at rates considerably reduced
> from that of commercial research. If someone makes a discovery from
> these "academic" facilities but rather than disclose it in the open
> literature, instead decides to use that information for private gain
> (either for the researcher or the employer's institution) then from my
> perspective this academic researcher/institution is "cheating" by paying
> academic rates, but performing commercial research. (I am not suggesting
> that I know this to be the case here).
>
> The CCDC is a valuable resource to our scientific community. The CCDC
> should take all steps needed to protect their intellectual property -- 
> which is their compilation of data (note anyone can compile their own
> data collection from the literature by "simply" typing in all the
> coordinates again), plus the wealth of tools they have built over the
> decades, as well as the comments and corrections they have created and
> include in their data collection. I think it reasonable that the CCDC
> forge agreements with organizations that would mine their data
> collection for profit.
>
> If on the other hand, the CCDC works to prevent the open publication of
> research results that derive from their data collection, or uses their
> size to prevent companies from producing software that competes with
> their own products, then I think they can no longer claim to be a
> non-profit organization "dedicated to the advancement of chemistry and
> crystallography for the public benefit..." (I am also not suggesting
> that I know this to be the case here).
>
> What exactly is the case here? I don't claim to know. I would hope that
> Dr. Hoffmann will publish all of his results from use of the CSD. At
> that point I would hope that the CCDC would not feel that algorithms or
> software that implements this public information is their intellectual
> property, unless developed within the CCDC. I will wait quietly and see
> what we learn over the months to come.
>
> Brian
>

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