ShareAlike compatibility analysis: Mulan - Revision history

CCID-timidrobot at 15:21, 8 December 2023

2023-12-08T15:21:35Z

CCID-timidrobot at 15:21, 8 December 2023

2023-12-08T15:21:27Z

CCID-yuanxiaoxu at 17:16, 17 November 2023

2023-11-17T17:16:53Z

CCID-yuanxiaoxu at 17:15, 17 November 2023

2023-11-17T17:15:10Z

CCID-yuanxiaoxu at 20:35, 10 November 2023

2023-11-10T20:35:40Z

CCID-yuanxiaoxu at 20:31, 10 November 2023

2023-11-10T20:31:38Z

CCID-yuanxiaoxu at 20:29, 10 November 2023

2023-11-10T20:29:35Z

CCID-yuanxiaoxu at 20:25, 10 November 2023

2023-11-10T20:25:53Z

CCID-yuanxiaoxu at 20:23, 10 November 2023

2023-11-10T20:23:18Z

CCID-yuanxiaoxu at 20:19, 10 November 2023

2023-11-10T20:19:02Z

← Older revision		Revision as of 15:21, 8 December 2023
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	“Mulan Open Works License Attribution-ShareAlike, Version 1” (MulanOWL BY-SA v1, http://openworks.mulanos.cn/#/licenses/MulanOWL_BY-SA-v1) and “Mulan Open Works License Attribution-PatentLicensed-ShareAlike, Version 1” (MulanOWL BY-PL-SA v1, http://openworks.mulanos.cn/#/licenses/MulanOWL_BY-PL-SA-v1) were published in 2022. MulanOWL BY-SA v1 and MulanOWL BY-PL-SA v1 are copyright licenses with a ShareAlike mechanism and an attribution mechanism, and [http://freedomdefined.org/Licenses#Free_Art_License they do not violate the definition of Free Cultural Licenses]. Thus, it satisfies the [[ShareAlike_compatibility_process_and_criteria#Minimum_compatibility_criteria.\|minimum criteria]] for compatibility set forth in our [[ShareAlike_compatibility_process_and_criteria\|ShareAlike compatibility criteria]].		“Mulan Open Works License Attribution-ShareAlike, Version 1” (MulanOWL BY-SA v1, http://openworks.mulanos.cn/#/licenses/MulanOWL_BY-SA-v1) and “Mulan Open Works License Attribution-PatentLicensed-ShareAlike, Version 1” (MulanOWL BY-PL-SA v1, http://openworks.mulanos.cn/#/licenses/MulanOWL_BY-PL-SA-v1) were published in 2022. MulanOWL BY-SA v1 and MulanOWL BY-PL-SA v1 are copyright licenses with a ShareAlike mechanism and an attribution mechanism, and [http://freedomdefined.org/Licenses#Free_Art_License they do not violate the definition of Free Cultural Licenses]. Thus, it satisfies the [[ShareAlike_compatibility_process_and_criteria#Minimum_compatibility_criteria.\|minimum criteria]] for compatibility set forth in our [[ShareAlike_compatibility_process_and_criteria\|ShareAlike compatibility criteria]].
−

	MulanOWL BY-PL-SA v1 grants patent rights and is not compatible with CC BY-SA 4.0.		MulanOWL BY-PL-SA v1 grants patent rights and is not compatible with CC BY-SA 4.0.

← Older revision		Revision as of 15:21, 8 December 2023
Line 1:		Line 1:
	“Mulan Open Works License Attribution-ShareAlike, Version 1” (MulanOWL BY-SA v1, http://openworks.mulanos.cn/#/licenses/MulanOWL_BY-SA-v1) and “Mulan Open Works License Attribution-PatentLicensed-ShareAlike, Version 1” (MulanOWL BY-PL-SA v1, http://openworks.mulanos.cn/#/licenses/MulanOWL_BY-PL-SA-v1) were published in 2022. MulanOWL BY-SA v1 and MulanOWL BY-PL-SA v1 are copyright licenses with a ShareAlike mechanism and an attribution mechanism, and [http://freedomdefined.org/Licenses#Free_Art_License they do not violate the definition of Free Cultural Licenses]. Thus, it satisfies the [[ShareAlike_compatibility_process_and_criteria#Minimum_compatibility_criteria.\|minimum criteria]] for compatibility set forth in our [[ShareAlike_compatibility_process_and_criteria\|ShareAlike compatibility criteria]].		“Mulan Open Works License Attribution-ShareAlike, Version 1” (MulanOWL BY-SA v1, http://openworks.mulanos.cn/#/licenses/MulanOWL_BY-SA-v1) and “Mulan Open Works License Attribution-PatentLicensed-ShareAlike, Version 1” (MulanOWL BY-PL-SA v1, http://openworks.mulanos.cn/#/licenses/MulanOWL_BY-PL-SA-v1) were published in 2022. MulanOWL BY-SA v1 and MulanOWL BY-PL-SA v1 are copyright licenses with a ShareAlike mechanism and an attribution mechanism, and [http://freedomdefined.org/Licenses#Free_Art_License they do not violate the definition of Free Cultural Licenses]. Thus, it satisfies the [[ShareAlike_compatibility_process_and_criteria#Minimum_compatibility_criteria.\|minimum criteria]] for compatibility set forth in our [[ShareAlike_compatibility_process_and_criteria\|ShareAlike compatibility criteria]].
		+

	MulanOWL BY-PL-SA v1 grants patent rights and is not compatible with CC BY-SA 4.0.		MulanOWL BY-PL-SA v1 grants patent rights and is not compatible with CC BY-SA 4.0.

@@ Line 11: / Line 11: @@
 *The specific attribution and marking requirements in the two licenses vary slightly. CC BY-SA 4.0 allows for more flexibility depending on the context in which the work is used. Most notably, MulanOWL BY-SA v1 asks users to retain trademark and patent statements.
-*We are particularly concerned that, unlike CC BY-SA 4.0, MulanOWL BY-SA v1 does not mention database rights, nor does it mention related rights. This could be because copyright in China is construed as including related rights and moral rights that are never waivable.
+*We are particularly concerned that, unlike CC BY-SA 4.0, MulanOWL BY-SA v1 does not mention database rights, nor does it mention related rights. This could cause problems for reusers.
 *The ShareAlike scope of MulanOWL BY-SA v1 is likely broader.

@@ Line 7: / Line 7: @@
 '''Summary of comparison: MulanOWL BY-SA v1<ref>Note that CC reviewed the English language version of the MulanOWL BY-SA v1 and MulanOWL BY-PL-SA v1 to conduct this analysis.</ref> and BY-SA 4.0'''
-*It appears that the MulanOWL BY-SA v1 license referenced the CC BY-SA 4.0 license in its development. We are not sure what decisions went into the choices that made some portion of MulanOWL BY-SA v1 diverge from CC BY-SA 4.0, and we do not know what use cases MulanOWL BY-SA v1 contemplates that cannot already be accomplished by the CC BY-SA 4.0 license.
+*It appears that the MulanOWL BY-SA v1 license referenced the CC BY-SA 4.0 license in its development. We are not sure what decisions went into the choices that made some portion of MulanOWL BY-SA v1 diverge from CC BY-SA 4.0. The steward of Mulan licenses pointed to LearnerHub as a repository for works licensed under Mulan BY-SA v1 license.
 *The specific attribution and marking requirements in the two licenses vary slightly. CC BY-SA 4.0 allows for more flexibility depending on the context in which the work is used. Most notably, MulanOWL BY-SA v1 asks users to retain trademark and patent statements.
-*Unlike CC BY-SA 4.0, MulanOWL BY-SA v1 does not mention database rights. Nor does it mention related rights—which could be because copyright in China is construed as including related rights and moral rights.
+*We are particularly concerned that, unlike CC BY-SA 4.0, MulanOWL BY-SA v1 does not mention database rights, nor does it mention related rights. This could be because copyright in China is construed as including related rights and moral rights that are never waivable.
 *The ShareAlike scope of MulanOWL BY-SA v1 is likely broader.

@@ Line 71: / Line 71: @@
 || May not be applied by licensees if they restrict access to the work or adaptations (Sec 3(4))
 <br>
-Licensees have express permission to circumvent if applied by licensor (Sec 3(4))
+Licensees have express permission to circumvent even when applied by a third party (Sec 3(4))
 |-
 | Moral rights || Waived only to the extent necessary to allow the license to function. (Sec 2b1) || Not mentioned

← Older revision		Revision as of 20:31, 10 November 2023
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	*Unlike CC BY-SA 4.0, MulanOWL BY-SA v1 does not mention database rights. Nor does it mention related rights—which could be because copyright in China is construed as including related rights and moral rights.		*Unlike CC BY-SA 4.0, MulanOWL BY-SA v1 does not mention database rights. Nor does it mention related rights—which could be because copyright in China is construed as including related rights and moral rights.
		+
		+	*The ShareAlike scope of MulanOWL BY-SA v1 is likely broader.

	*MulanOWL BY-SA v1 does not terminate even upon breach, as long as the breach was cured prior to, or within 30 days of, receiving notice of termination. This may create some ambiguity, such as whether a licensor can collect damages during the period when a breach has happened but no notice is yet sent. CC BY-SA terminates automatically upon breach, but is reinstated automatically if the breach is cured within 30 days of discovery.		*MulanOWL BY-SA v1 does not terminate even upon breach, as long as the breach was cured prior to, or within 30 days of, receiving notice of termination. This may create some ambiguity, such as whether a licensor can collect damages during the period when a breach has happened but no notice is yet sent. CC BY-SA terminates automatically upon breach, but is reinstated automatically if the breach is cured within 30 days of discovery.

@@ Line 21: / Line 21: @@
 ! style="background-color:#CCCCCC;" | Features || style="background-color:#CCCCCC;" | BY-SA 4.0 || style="background-color:#CCCCCC;" | MulanOWL BY-SA v1
 |-
-| License scope || Copyright, neighboring rights and sui generis database rights (SGDRs) (Sec 1d)      || Copyright only, but related rights may not challenge rights granted by license (Sec 1)
+| License scope || Copyright, neighboring rights and sui generis database rights (SGDRs) (Sec 1d)      || Copyright only (Sec 1)
 |-
 | Attribution trigger || If there is applicable copyright in work, then when work or adaptation of work is shared. (Sec 3a)
 <br>
 If there are applicable SGDRs in work, then when all or a substantial portion of database contents is shared. (Sec 4c)
-|| When work (modified or not) is distributed (Sec 3)
+|| When work (modified or not) is disseminated (Sec 3)
 |-
 | Attribution removal clause ||     Yes (Sec 3a3) ||    No

@@ Line 6: / Line 6: @@
 '''Summary of comparison: MulanOWL BY-SA v1<ref>Note that CC reviewed the English language version of the MulanOWL BY-SA v1 and MulanOWL BY-PL-SA v1 to conduct this analysis.</ref> and BY-SA 4.0'''
 *The specific attribution and marking requirements in the two licenses vary slightly. CC BY-SA allows for more flexibility depending on the context in which the work is used.
@@ Line 11: / Line 13: @@
+*
-*MulanOWL BY-SA v1 does not terminate even upon breach, as long as the breach was cured prior to, or within 30 days of, receiving notice of termination. CC BY-SA terminates automatically upon breach, but is reinstated automatically if the breach is cured within 30 days of discovery.
+*MulanOWL BY-SA v1 does not terminate even upon breach, as long as the breach was cured prior to, or within 30 days of, receiving notice of termination. This may create some ambiguity, such as whether a licensor can collect damages during the period when a breach has happened but no notice is yet sent. CC BY-SA terminates automatically upon breach, but is reinstated automatically if the breach is cured within 30 days of discovery.
+*