Download CReATIVE-B IPR findings Rev

CReATIVE-B main Legal Interop issues
identified until now in the project:
The CReATIVE findings can be classified in 3 types of problems
depending on the level of the approach to the task of tackling with legal
interop and IPR related issues, leading, when jointy considered, to a ..
GENERAL CONCLUSION: “LEGAL PROBLEMS” REALLY IMPLY relatively
SERIOUS LIMITATIONS TO INTEROPERABILITY OF BIODIVERSITY ESCIENCE INFRASTRUCTURES:
and the need to focus on the 3 of them individually
I.- General considerations and policies
II.- IPRs in workflows
III.- Specific IPR and attribution related issues
I General considerations and policies
1.- Although all the Ris endorse public/open access they do not
contest “data ownership claims” due to realistic pragmatic
approaches towards scientific communities.
This enhances efficiency in obtaining critical numbers of users but
complicates management.
2.- Protocols and standards are usually a technical (not a legal issue,
with some exceptions e.g. GIS software)
3.- Even when the core of the hard/middle/software of the RI is
licensed there are still techniques to impose open source for the
users of the RI
4.- European trends to impose mandatory relicensing for text and
data mining (TDM) might affect RIs and restrict data access
II BOTTLENECKS IN WORKFLOWS
Even the most “classic” RIs (GBIF, EOL..) have
MULTIPLE BOTTLENECKS IN THE WORKFLOWS to
provide manageable data due to IPRs such as:
- algorithms,
- permits or licenses
- licenses on
when moving data
software,
from one service to
another,
- licenses on
environmental data
rd party
use
of
3
layers,
software
issues associated with
- permissions to use
(and identification
publication.
of authors),
III.- Specific IPR and attribution related issues
Other identified potential legal obstacles to interoperability
& potential solutions
1.- prevention of data attribution mechanisms that may block data re-use
resulting from excess attribution requirements;
2.- promotion of similar data quality management techniques (i.e. treatment
of aggregated occurrence records);
3.- exploration of the potential of the new creative commons 4.0 and CC0
licenses [normative (versus legal) approach to data attribution]
4.- exploration of the potential of the Science Information Partners-ESIP/
COOPEUS citation protocols (and the GEOSS Data Citation Standard);
5.- smart solutions in applying general waivers of any rights on data served by
each research infrastructure, so that automatic machine processing of data is
supported (as it happens in the medical world).