On Thu, Oct 28, 2021 at 10:03 AM Todd Allen
<toddmallen(a)gmail.com> wrote:
Certainly, any "database rights" should
already be considered waived by
the CC license ...
No.
All from CC BY-SA 4.0:
1.d:* "Copyright and Similar Rights* means copyright and/or similar
rights closely related to copyright including ... Sui Generis Database
Rights ...
1.h: *Licensed Material* means the ... database ... to which the Licensor
applied this Public License.
1.l: *Sui Generis Database Rights* means rights other than copyright
resulting from Directive 96/9/EC of the European Parliament and of the
Council of 11 March 1996 on the legal protection of databases, as amended
and/or succeeded, as well as other essentially equivalent rights anywhere
in the world.
*Section 4 – Sui Generis Database Rights.*
Where the Licensed Rights include Sui Generis Database Rights that apply
to Your use of the Licensed Material:
1. for the avoidance of doubt, Section 2(a)(1)
<https://creativecommons.org/licenses/by-sa/4.0/legalcode#s2a1> grants
You the right to extract, reuse, reproduce, and Share all or a substantial
portion of the contents of the database;
2. if You include all or a substantial portion of the database
contents in a database in which You have Sui Generis Database Rights, then
the database in which You have Sui Generis Database Rights (but not its
individual contents) is Adapted Material, including for purposes of Section
3(b) <https://creativecommons.org/licenses/by-sa/4.0/legalcode#s3b>;
and
3. You must comply with the conditions in Section 3(a)
<https://creativecommons.org/licenses/by-sa/4.0/legalcode#s3a> if You
Share all or a substantial portion of the contents of the database.
For the avoidance of doubt, this Section 4
<https://creativecommons.org/licenses/by-sa/4.0/legalcode#s4> supplements
and does not replace Your obligations under this Public License where the
Licensed Rights include other Copyright and Similar Rights.
And to be clear, I think this was a mistake and told CC that at the time;
the basics of why I feel that way I collected a year or so later as
and some subsequent posts. But 4.0 is what it is - an attempt to shoehorn
database rights into a copyright license.
Luis