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Unfair competition and the Science Commons protocol

- December 18, 2007 in Legal, PDDL

The issue of unfair competition has already come up on one of the discuss lists. The new Science Commons Protocol for Implementing Open Access Data mentions this area of law.

4.1 Converge on the public domain by waiving all rights based on intellectual property

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Thus, to facilitate data integration and open access data sharing, any implementation of this protocol MUST waive all rights necessary for data extraction and re-use (including copyright, sui generis database rights, claims of unfair competition, implied contracts, and other legal rights), and MUST NOT apply any obligations on the user of the data or database such as “copyleft” or “share alike”, or even the legal requirement to provide attribution. Any implementation SHOULD define a non-legally binding set of citation norms in clear, lay-readable language.

The Public Domain Dedication & Licence doesn’t mention unfair competition, and so the question has come up whether it is compliant. I’ve gone ahead and started this part of the Legal FAQ to address this issue and solicit your feedback. The response is after the jump.

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