Important: Candidate for Approved Specification, Review Period starts
Roberto Di Cosmo
- May 30tt 2023 (today): start of the review period, triggered by this email
- Tuesday June 13th : end of the review period, last call for comments
- Friday June 16h : if no blockers, formal announcement of the Approved Specification 1.0
Robbie Morrison
Hi Roberto, all
Looks good on a very brief scan. I want
to traverse the issue of public licensing. As I
understand it, the specification is CC‑BY‑4.0 and the current
document is silent on the legal status of the identifiers
themselves. Please correct me if I am wrong.
Of course, an SWHID alone will not
attract copyright (even under United Kingdom law), but the
server may well attract sui generis (96/9/EC) database rights if
located (or less so, controlled or owned) in Europe or the UK
(under present UK statues). I would therefore like to see the identifiers
explicitly placed under CC0‑1.0 waivers. That
instrument also aligns with good practice for metadata from most
commentators. And would allow users to download a substantial
proportion (a notion yet to be subject to case law) of a SWHID
database without running into copyright and allied law
compliance issues.
Any lawyers present might like to
comment?
with best wishes, Robbie
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Zavras, Alexios
Hi Robbie,
The specification itself is under Community Specification License 1.0, as can be seen in https://github.com/swhid/specification/blob/main/LICENSE.md (not CC-BY-4.0)
The specification describes how to compute algorithmically the SWHID for various items (files, directories, commits, etc.). Therefore each SWHID does not contain any human creativity and it would be hard for someone to claim copyright.
Whether a collection (automatic or curated) of a number of SWHIDs may be protected by other rights, as you mention, is outside the scope of the specification of the format of a single SWHID. Keep in mind, this specification is about a standard format for referencing digital artifacts. There is nowhere any reference to a “server” that you mention.
Hope this helps,
-- zvr
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Robbie Morrison
Thanks Alexios
My one remaining question is therefore:
why is the text of CC‑BY‑4.0 appended to the specification?
Should this section be removed therefore? Or replaced with the
text of the Community‑Spec‑1.0?
Robbie
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Zavras, Alexios
Thanks for pointing me to this, Robbie.
It was a remnant of the initial tool setup – should be fixed now.
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