Re: OCLC recommends Open Data Commons Attribution License

From: Jonathan Rochkind <rochkind_at_nyob>
Date: Tue, 11 Sep 2012 14:03:21 -0400
To: NGC4LIB_at_LISTSERV.ND.EDU
On 8/24/2012 11:07 AM, Karen Coyle wrote:
>
> At the same time, most people want to have some idea of where data comes
> from -- some way of gauging the "authoritativeness" of the data. This
> also requires carrying forward something that looks like attribution,
> and the W3C is calling it "provenance." It may be the case that the
> desire to get credit and the need to know your sources will be solved
> with a single addition to the linked data technology.
>

If 'most people will want it' anyway, you don't need to enforce it with 
a license, do you?

I think there are two different things here, 'good design' and 
licensing. We don't generally try to enforce good design or good UI or 
good functionality with _licensing_.  Licensing is to protect the rights 
of the owner, and serve their interests.  Not to try to somehow enforce 
that all users practice good design, somehow.

After all, even if 'most people most of the time want X', a license 
(assuming it's legally enforceable) requires it _all the time_.  Few 
design principles are universal. Trying to put them in a license is a 
mistake.

If that was really one's goal. Instead, I often see owners intentionally 
confusing these things as a kind of misdirection -- they are insisting 
on certain licensing terms for business reasons (which may not be 
unreasonable), but when questioned on this, they try to misdirect and 
say "Well, it's just good design anwyay, right?"  Maybe, maybe not, but 
that's not the role of licenses.

In fact, I think there are use cases involving wild remixing, 
combination, and derivation of data from many different sources -- where 
the requirement to always keep track of provenance will incure a 
significant cost, that will sometimes change the cost/benefit 
calculation of using data from a source that requires attribution, 
perhaps to the point that it's no longer feasible.   Design decisions in 
software are never just about "is this helpful", they are always about 
costs and benefits. Trying to enforce a design decision in a license 
takes what should be a contextually-specific design decision and trying 
to make it a universal licensing requirement. This is not about good 
design.
Received on Tue Sep 11 2012 - 14:04:39 EDT