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. 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.
Summary of comparison: MulanOWL BY-SA v1 and MulanOWL BY-PL-SA v1[1] 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.
- 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.
| Features | BY-SA 4.0 | MulanOWL BY-SA v1 | MulanOWL BY-PL-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) | Copyright and Patent rights, but related rights may not challenge rights granted by license (Sec 1 and Sec 2) |
| 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 distributed (Sec 3) | When work (modified or not) is distributed (Sec 4) |
| Attribution removal clause | Yes (Sec 3a3) | No | No |
| Attribution elements |
(Sec 3a1) |
(Sec 3) |
(Sec 4) |
| 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)) | Yes (indicate if you modified and retain indication of previous modifications) (Sec 4(3) and Sec 4(4)) |
| ShareAlike trigger | When adaptation is shared (Sec 3b) | When adaptation is shared (Sec 3(3)) | When adaptation is shared (Sec 4(3)) |
| ShareAlike scope | Must ShareAlike contributions to adaptations (Sec 3b);
|
Must ShareAlike contributions to adaptations (Sec 3(3)) | Must ShareAlike contributions to adaptations (Sec 4(3)) |
| Source requirement | None | 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))
|
May not be applied by licensees if they restrict access to the work or adaptations (Sec 4(4))
|
| 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) | |
| Termination | Automatic upon breach (Sec 6a) | Automatic upon breach (Sec 8) | |
| Reinstatement after termination | Requires express permission unless cured within 30 days of discovery of violation (Sec 6b) | None | |
| Reps & warranties | Expressly disclaimed (Sec 5) | Not mentioned | |
| 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, 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) |
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.
