CReATIVE-B main Legal Interop issues identified until now in the project: The CReATIVE findings can be classified in 3 types of problems depending on the.

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Presentation transcript:

CReATIVE-B main Legal Interop issues identified until now in the project: The CReATIVE findings can be classified in 3 types of problems depending on the level of the approach to the task of tackling with legal interop and IPR related issues, leading, when jointy considered, to a.. GENERAL CONCLUSION: “LEGAL PROBLEMS” REALLY IMPLY relatively SERIOUS LIMITATIONS TO INTEROPERABILITY OF BIODIVERSITY E- SCIENCE INFRASTRUCTURES: and the need to focus on the 3 of them individually I.- General considerations and policies II.- IPRs in workflows III.- Specific IPR and attribution related issues

I General considerations and policies 1.- Although all the Ris endorse public/open access they do not contest “data ownership claims” due to realistic pragmatic approaches towards scientific communities. This enhances efficiency in obtaining critical numbers of users but complicates management. 2.- Protocols and standards are usually a technical (not a legal issue, with some exceptions e.g. GIS software) 3.- Even when the core of the hard/middle/software of the RI is licensed there are still techniques to impose open source for the users of the RI 4.- European trends to impose mandatory relicensing for text and data mining (TDM) might affect RIs and restrict data access

-algorithms, -licenses on software, -licenses on environmental data layers, - permissions to use (and identification of authors), Even the most “classic” RIs (GBIF, EOL..) have MULTIPLE BOTTLENECKS IN THE WORKFLOWS to provide manageable data due to IPRs such as: - permits or licenses when moving data from one service to another, - use of 3 rd party software issues associated with publication. II BOTTLENECKS IN WORKFLOWS

III.- Specific IPR and attribution related issues Other identified potential legal obstacles to interoperability & potential solutions 1.- prevention of data attribution mechanisms that may block data re-use resulting from excess attribution requirements; 2.- promotion of similar data quality management techniques (i.e. treatment of aggregated occurrence records); 3.- exploration of the potential of the new creative commons 4.0 and CC0 licenses [normative (versus legal) approach to data attribution] 4.- exploration of the potential of the Science Information Partners-ESIP/ COOPEUS citation protocols (and the GEOSS Data Citation Standard); 5.- smart solutions in applying general waivers of any rights on data served by each research infrastructure, so that automatic machine processing of data is supported (as it happens in the medical world).