The automated changes are in the database. They affect all dataset versions and don’t create a new version.
Nominally, they do not change the semantics, i.e. if you had a CC0 waiver and additional terms, the auto update gives you a custom license who’s terms are CC0 plus your original terms.
Similarly for the no terms or license case, the auto-update gives you a custom license stating that no license/terms have been specified. You may not like the exact text in the auto-update, which would be a reason to make manual changes, but you don’t really have to worry that the auto-update is changing the licensing on old versions in any meaningful/semantics sense (perhaps lawyers would disagree and be concerned that a blank terms of use field is not the same as text stating that no terms were specified).
-- Jim
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Philipp,
I’m not sure I understand. The terms displayed should be coming from the database so I’m not sure how you would see them in the db and not in the display. The terms are per version, so if you have more than one version you may need to be checking that you’re looking at the same one in the db and UI. The only other thing I can think of is that some of the fields in the termsofuseandaccess are still allowed when using a license (i.e. the ones that still show on demo.dataverse.org when you edit terms and have a license selected.) Those would be visible in the db but wouldn’t get caught by the upgrade scripts in the release notes (they only check for the fields that appear when you select custom terms).
The release notes do have queries to find all the dataset versions where there is a conflict and then queries to null all relevant termsofuseandaccess fields for the give termsofuseandaccess id(s) you want. I think those should be all that’s needed, but again, I’m not sure I’m following what you’re seeing.
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Philipp – that’s an interesting example. Your idea of moving that type of info to the Data sources field seems reasonable to me (as someone with no legal training).
In general, I think a main decision point would be whether anything you want to say affects the end user or not. I.e. if in your case the user is only bound by CC-by-nc, then using that license and finding other places to put the info makes sense. If there’s something in the current terms of use that would restrict the user beyond the CC-by-nc terms, it would probably be better to do something like using custom terms to start and saying in the ‘Terms of Use’ field that ‘this is licensed under CC-by-nc except for …’ (essentially what the default update does). If Custom Terms hides the generally open nature too much, a third option would be to create a custom license(s) (as QDR has done) and use those.
For info that is informative but doesn’t affect the license, I think either the Terms fields that remain visible (e.g. like Original Archive, or Data Access Place, if and as appropriate) or metadata fields like Data Sources could be appropriate. Since the fields in the terms tab are fairly specific/constrained by DDI, more freeform info probably fits better in metadata somewhere.
I also see in your example that there’s an interesting twist in that one might be able to use the data commercially if one gets permission from the two sources that restrict that. This seems like a possible alternative license which we can’t easily describe.
Hope that helps,
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