Difference between revisions of "ShareAlike compatibility analysis: Mulan"

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(Created page with "“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...")
 
 
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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]]. Overall, the MulanOWL BY-SA v1 and MulanOWL BY-PL-SA v1 are similar to CC BY-SA 4.0, and the effect of each license as applied to a creative work is largely the same. Inevitably, there are differences between the licenses, which are explained in more detail below.  
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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]].  
  
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'''Summary of comparison: MulanOWL BY-SA v1 and MulanOWL BY-PL-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'''
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MulanOWL BY-PL-SA v1 grants patent rights and is not compatible with CC BY-SA 4.0.
  
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*The tone and scope of the licenses differ.  The FAL is written more broadly and in general terms, and is designed for use with creative works protected by copyright. BY-SA is written in more specific terms, and is designed for use with creative works as well as material restricted by other rights closely related to copyright, such as databases protected by a sui generis right. Although the FAL licenses only copyright, it does have a provision preventing licensors from using related rights to prevent exercise of the rights granted under the license. BY-SA, on the other hand, contains an open ended definition of the rights that are licensed, but expressly excludes certain types of rights from the reach of the license.<ref>The rights expressly excluded from the license are moral rights, publicity, privacy and personality rights, and patent and trademark rights.  The licensor waives and/or cannot assert all of these rights except patent and trademark rights.</ref> As to those rights that are licensed, BY-SA requires compliance with its conditions (attribution, ShareAlike) even when those rights, and not copyright, are implicated.  
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MulanOWL BY-SA v1 is similar to CC BY-SA 4.0 overall, and the effect of each license as applied to a creative work is largely the same. Inevitably, there are differences between the licenses, which are explained in more detail below.  
  
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*The specific attribution and marking requirements in the two licenses vary slightly. BY-SA has more total necessary elements for proper attribution, though it allows for flexibility depending on the context in which the work is used. Despite having fewer total attribution and marking requirements, the FAL does have some requirements that are not included in BY-SA, such as indicating where the licensed content can be found or how the licensed content was modified.
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'''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'''
  
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*MulanOWL BY-SA v1 and MulanOWL BY-PL-SA v1 do 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.
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*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.
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 +
*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 cause problems for reusers.
 +
 
 +
*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.
  
 
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{| style="border-collapse: collapse;" border="1" cellpadding="10"
 
{| style="border-collapse: collapse;" border="1" cellpadding="10"
 
|-
 
|-
−
! style="background-color:#CCCCCC;" | Features || style="background-color:#CCCCCC;" | BY-SA 4.0 || style="background-color:#CCCCCC;" | FAL
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! style="background-color:#CCCCCC;" | Features || style="background-color:#CCCCCC;" | BY-SA 4.0 || style="background-color:#CCCCCC;" | MulanOWL BY-SA v1
 
|-
 
|-
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| 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 (Secs 2, 3)
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| 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)  
 
| Attribution trigger || If there is applicable copyright in work, then when work or adaptation of work is shared. (Sec 3a)  
 
<br>
 
<br>
 
If there are applicable SGDRs in work, then when all or a substantial portion of database contents is shared. (Sec 4c)   
 
If there are applicable SGDRs in work, then when all or a substantial portion of database contents is shared. (Sec 4c)   
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|| When work (modified or not) is distributed (Sec 2.2)
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|| When work (modified or not) is disseminated (Sec 3)  
 
|-
 
|-
 
| Attribution removal clause ||    Yes (Sec 3a3) ||    No  
 
| Attribution removal clause ||    Yes (Sec 3a3) ||    No  
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<br>
 
<br>
 
  ||  
 
  ||  
−
#name of author(s),
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#name of licensor
−
#attach license to work or indicate where license can be found
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#copyright statement
−
# info on where to access the originals
+
#license notice
−
(Sec 2.2)
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#modification statements 
 +
#patent statements
 +
# trademark statements
 +
# disclaimer statements
 +
# URI or link to the licensed material
 +
# indicate and link to license
 +
# title and version of the work (optional)
 +
(Sec 3)
 
|-
 
|-
 
| Special marking requirement if work is modified  || Yes (indicate if you modified and retain indication of previous modifications) (Sec 3a1B)
 
| Special marking requirement if work is modified  || Yes (indicate if you modified and retain indication of previous modifications) (Sec 3a1B)
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  || Yes (indicate if you modified and what type of modifications were made) (Sec 2.3)
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  || Yes (indicate if you modified and retain indication of previous modifications) (Sec 3(3) and Sec 3(4))
 
|-
 
|-
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| ShareAlike trigger || When adaptation is shared (Sec 3b) || When you distribute an adaptation (Sec 2.3)
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| ShareAlike trigger || When adaptation is shared (Sec 3b) || When adaptation is shared (Sec 3(3))  
 
|-
 
|-
 
| ShareAlike scope || Must ShareAlike contributions to adaptations (Sec 3b);  
 
| ShareAlike scope || Must ShareAlike contributions to adaptations (Sec 3b);  
 
<br>
 
<br>
 
Must ShareAlike database if it incorporates substantial portion of database contents (Sec 4b)  
 
Must ShareAlike database if it incorporates substantial portion of database contents (Sec 4b)  
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|| Must ShareAlike contributions to adaptations (Sec 2.3)
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|| Must ShareAlike contributions to adaptations (Sec 3(3))  
−
<br>
 
−
Must ShareAlike larger work if incorporate original in a way that makes it no longer accessible apart from larger work (Sec 4)  
 
 
|-
 
|-
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| Source requirement  || None || None
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| Source requirement  || None || None  
 
|-
 
|-
 
| Effective technological measures || May not be applied by licensees if they restrict access to the work or adaptations (Sec 2a5C)
 
| Effective technological measures || May not be applied by licensees if they restrict access to the work or adaptations (Sec 2a5C)
 
<br>
 
<br>
 
Licensees have express permission to circumvent if applied by licensor (Sec 2a4)
 
Licensees have express permission to circumvent if applied by licensor (Sec 2a4)
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|| Not expressly mentioned, but may not be applied by licensees if they restrict users freedoms to copy (2.1), to distribute (2.2.) or to modify (2.3) the work
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|| 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 even when applied by a third party (Sec 3(4))
 
|-
 
|-
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| Moral rights || Waived only to the extent necessary to allow the license to function. (Sec 2b1) || Author’s rights may not challenge the rights granted by license. (Sec 3)
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| Moral rights || Waived only to the extent necessary to allow the license to function. (Sec 2b1) || Not mentioned
 
|-
 
|-
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| Termination || Automatic upon breach (Sec 6a) || Automatic upon breach (Sec 8)
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| Termination || Automatic upon breach (Sec 6a) || Terminate upon the receipt of the termination notice from the licensors, unless (1) licensee has cured all the breaches prior to receipt of such notice of termination; or,(2) it’s Licensee's first time to receive a notice of termination from the Licensor, and the licensee has cured all the breaches within 30 days of receipt of such notice; or,(3) licensor has expressly reinstated the license granted to You.(Sec 4.1)  
 
|-
 
|-
 
| Reinstatement after termination || Requires express permission unless cured within 30 days of discovery of violation (Sec 6b) || None  
 
| Reinstatement after termination || Requires express permission unless cured within 30 days of discovery of violation (Sec 6b) || None  
 
|-
 
|-
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| Reps & warranties || Expressly disclaimed (Sec 5) || Not mentioned
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| Reps & warranties || Expressly disclaimed (Sec 5) || Expressly disclaimed (Sec 5)
 
|-
 
|-
−
| Choice of law || None || None
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| Choice of law || None || None  
 
|-
 
|-
 
| Option to comply with other license versions  
 
| Option to comply with other license versions  
 
|| Yes, but limited. Licensees may choose to comply with a later version of BY-SA if such version is applied to an adaptation of the work.  
 
|| Yes, but limited. Licensees may choose to comply with a later version of BY-SA if such version is applied to an adaptation of the work.  
 
(Secs 2a5B, 3b1)
 
(Secs 2a5B, 3b1)
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|| Yes, licensees may choose to comply with the version of the FAL that was applied to the copy distributed to them or a later version. (Sec 9)
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|| Yes, but limited. Licensees may choose to comply with a later version of MulanOWL BY-SA if such version is applied to an adaptation of the work.(Sec 3(3))
 
|}
 
|}
  

Latest revision as of 15:21, 8 December 2023

“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 they do not violate the definition of Free Cultural Licenses. Thus, it satisfies the minimum criteria for compatibility set forth in our ShareAlike compatibility criteria.

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

MulanOWL BY-SA v1 is similar to CC BY-SA 4.0 overall, and the effect of each license as applied to a creative work is largely the same. Inevitably, there are differences between the licenses, which are explained in more detail below.

Summary of comparison: MulanOWL BY-SA v1[1] 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. 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.
  • 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.
  • 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.
Features BY-SA 4.0 MulanOWL BY-SA v1
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)


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 disseminated (Sec 3)
Attribution removal clause Yes (Sec 3a3) No
Attribution elements
  1. creator and attribution parties
  2. copyright notice
  3. license notice
  4. disclaimer notice
  5. URI or link to the licensed material
  6. indicate and link to license

(Sec 3a1)
  1. name of licensor
  2. copyright statement
  3. license notice
  4. modification statements
  5. patent statements
  6. trademark statements
  7. disclaimer statements
  8. URI or link to the licensed material
  9. indicate and link to license
  10. title and version of the work (optional)

(Sec 3)
Special marking requirement if work is modified Yes (indicate if you modified and retain indication of previous modifications) (Sec 3a1B) Yes (indicate if you modified and retain indication of previous modifications) (Sec 3(3) and Sec 3(4))
ShareAlike trigger When adaptation is shared (Sec 3b) When adaptation is shared (Sec 3(3))
ShareAlike scope Must ShareAlike contributions to adaptations (Sec 3b);


Must ShareAlike database if it incorporates substantial portion of database contents (Sec 4b)

 Must ShareAlike contributions to adaptations (Sec 3(3))
Source requirement None None
Effective technological measures May not be applied by licensees if they restrict access to the work or adaptations (Sec 2a5C)


Licensees have express permission to circumvent if applied by licensor (Sec 2a4)

 May not be applied by licensees if they restrict access to the work or adaptations (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
Termination Automatic upon breach (Sec 6a) Terminate upon the receipt of the termination notice from the licensors, unless (1) licensee has cured all the breaches prior to receipt of such notice of termination; or,(2) it’s Licensee's first time to receive a notice of termination from the Licensor, and the licensee has cured all the breaches within 30 days of receipt of such notice; or,(3) licensor has expressly reinstated the license granted to You.(Sec 4.1)
Reinstatement after termination Requires express permission unless cured within 30 days of discovery of violation (Sec 6b) None
Reps & warranties Expressly disclaimed (Sec 5) Expressly disclaimed (Sec 5)
Choice of law None None
Option to comply with other license versions Yes, but limited. Licensees may choose to comply with a later version of BY-SA if such version is applied to an adaptation of the work.

(Secs 2a5B, 3b1)

 Yes, but limited. Licensees may choose to comply with a later version of MulanOWL BY-SA if such version is applied to an adaptation of the work.(Sec 3(3))


Notes

  1. ↑ Note that CC reviewed the English language version of the MulanOWL BY-SA v1 and MulanOWL BY-PL-SA v1 to conduct this analysis.
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