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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: [jira] [Created] (LEGAL-90) What are the licensing implications for statistical information drawn from non-ASL2-licensed data, e.g. word frequency lists from Wikipedia dumps?
Date Wed, 18 May 2011 23:24:16 GMT
Steven Rowe asked:
> What are the licensing implications for statistical information drawn
> from non-ASL2-licensed data, e.g. word frequency lists from Wikipedia
> dumps?
and 
> I'm also interested in the more general question, as posed in the issue
> summary: do the licenses covering arbitrary data, text or otherwise,
> have any bearing on stastical products created over the data?

Interesting questions. 

Perhaps you could argue the fair use factors in 17 USC 107 to conclude that your transformations
of those copyrighted works are fair use for scholarship or research purposes? For example,
building a word index and word count for Shakespeare's plays used to be an important way to
analyze whether the same person wrote all the works. Of course Shakespeare is public domain
nowadays, so the example isn't precisely on point.

These are the fair use factors:

(1) the purpose and character of the use, including whether such use is of a commercial nature
or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work
as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

You might also argue that a statistical transformation of a work doesn't create a copyrightable
work, hence it is not even a derivative work. I'm not sure what it is.... Perhaps just a set
of numbers that means something only to a statistician? Is the reduced data an "expressive
work"?

/Larry


> -----Original Message-----
> From: Steven Rowe (JIRA) [mailto:jira@apache.org]
> Sent: Wednesday, May 18, 2011 2:29 PM
> To: legal-discuss@apache.org
> Subject: [jira] [Created] (LEGAL-90) What are the licensing
> implications for statistical information drawn from non-ASL2-licensed
> data, e.g. word frequency lists from Wikipedia dumps?
> 
> What are the licensing implications for statistical information drawn
> from non-ASL2-licensed data, e.g. word frequency lists from Wikipedia
> dumps?
> -----------------------------------------------------------------------
> -----------------------------------------------------------------------
> ----
> 
>                  Key: LEGAL-90
>                  URL: https://issues.apache.org/jira/browse/LEGAL-90
>              Project: Legal Discuss
>           Issue Type: Question
>             Reporter: Steven Rowe
> 
> 
> I have generated word frequency lists from full Wikipedia dumps in
> several languages.  For the purposes of inclusion in ASL2-licensed
> products, do I need to care about the license(s) covering the original
> text?
> 
> My interpretation (IANAL) of the [Creative Commons Attribution-
> ShareAlike 3.0 Unported license|http://creativecommons.org/licenses/by-
> sa/3.0/legalcode], under which [Wikipedia text is
> licensed|http://wikimediafoundation.org/wiki/Terms_of_Use], is that the
> license applies only to the Covered Works, Adaptations, and
> Collections, and that a word frequency list qualifies as none of these:
> Adaptations are "recognizably derived from the original"; and
> Collections "the Work is included in its entirety in unmodified form
> along with one or more other contributions".
> 
> My interpretation of the answer to the resolved question ["Can Apache
> projects include Creative Commons Attribution-Share Alike
> works?"|http://www.apache.org/legal/resolved.html#cc-sa] is that even
> if the CC-SA license applies to my word frequency lists, I can still
> include them in an ASL2-licensed product, as long as attribution is
> provided.
> 
> I'm also interested in the more general question, as posed in the issue
> summary: do the licenses covering arbitrary data, text or otherwise,
> have any bearing on stastical products created over the data?
> 
> --
> This message is automatically generated by JIRA.
> For more information on JIRA, see:
> http://www.atlassian.com/software/jira
> 
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