ShareAlike compatibility analysis: Mulan
“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, 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.
- 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.
- 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)
|
When work (modified or not) is disseminated (Sec 3) |
| Attribution removal clause | Yes (Sec 3a3) | No |
| Attribution elements |
(Sec 3a1) |
(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 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)
|
May not be applied by licensees if they restrict access to the work or adaptations (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
- ↑ Note that CC reviewed the English language version of the MulanOWL BY-SA v1 and MulanOWL BY-PL-SA v1 to conduct this analysis.
