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10- Three Legal Mechanisms for Sharing Data
Pages 71-76

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From page 71...
... Attribution refers to the legally imposed requirement to attribute the rights holder when the data are copied or reused in a specified manner. The remedy against someone who fails to attribute is a lawsuit, either based on breach of contract or infringement of an intellectual property right, depending on the legal mechanism used to impose the attribution requirements.
From page 72...
... Because of the difficulty of deciphering the contours of copyright protection in scientific data and databases, it is very hard for both the data provider and data user to know when the license applies and when it does not. In other words, it is difficult to know when attribution is legally required.
From page 73...
... This problem is even more pronounced with contracts because at least public licenses are somewhat standardized. User agreements are not, which means each data source likely has a different user agreement, filled with legalese imposing attribution and other obligations on users.
From page 74...
... With licenses, we face legal uncertainty about the scope of the license, and we risk imposing attribution requirements that are inconsistent with relevant community norms and expectations. With contracts, we gain some measure of legal certainty, but we risk imposing even more burdensome attribution obligations as each institution or data provider creates its own contractual terms.
From page 75...
... We also potentially push people away from using our data sources. Choosing the right approach requires an understanding of the consequences.


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