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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?
From: Ralph Goers <ralph.goers@dslextreme.com>
In-Reply-To: <095301cc15b2$b503f840$1f0be8c0$@com>
Date: Wed, 18 May 2011 23:38:58 -0700
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To: legal-discuss@apache.org

I'm not sure if you are aware that you are probably not answering the =
author in a manner that is visible to him.  He asked his question in =
Jira - which automatically sends an email here. He may not be subscribed =
to this list and your answer won't automatically be forwarded to Jira.

Ralph

On May 18, 2011, at 4:24 PM, Lawrence Rosen wrote:

> 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=20
>> 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?
>=20
> Interesting questions.=20
>=20
> 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.
>=20
> These are the fair use factors:
>=20
> (1) the purpose and character of the use, including whether such use =
is of a commercial nature or is for nonprofit educational purposes;
>=20
> (2) the nature of the copyrighted work;
>=20
> (3) the amount and substantiality of the portion used in relation to =
the copyrighted work as a whole; and
>=20
> (4) the effect of the use upon the potential market for or value of =
the copyrighted work.
>=20
> 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"?
>=20
> /Larry
>=20
>=20
>> -----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?
>>=20
>> What are the licensing implications for statistical information drawn
>> from non-ASL2-licensed data, e.g. word frequency lists from Wikipedia
>> dumps?
>> =
-----------------------------------------------------------------------
>> =
-----------------------------------------------------------------------
>> ----
>>=20
>>                 Key: LEGAL-90
>>                 URL: https://issues.apache.org/jira/browse/LEGAL-90
>>             Project: Legal Discuss
>>          Issue Type: Question
>>            Reporter: Steven Rowe
>>=20
>>=20
>> 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?
>>=20
>> 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".
>>=20
>> 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.
>>=20
>> 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?
>>=20
>> --
>> This message is automatically generated by JIRA.
>> For more information on JIRA, see:
>> http://www.atlassian.com/software/jira
>>=20
>> ---------------------------------------------------------------------
>> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
>> For additional commands, e-mail: legal-discuss-help@apache.org
>=20
>=20
>=20
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
>=20


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