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User feedback for the GBIF API, website and published data. You can ask questions here. 🗨❓
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Data user agreement does not match publisher agreement and CC-BY #2797

Open gbif-portal opened 4 years ago

gbif-portal commented 4 years ago

Data user agreement does not match publisher agreement and CC-BY

GBIF publisher agreement states "We will continue to promote attribution (CC BY) as the standard practice for citing GBIF-mediated data, believing that it reflects an established norm that the communities we serve use to cite original work."

At the same time, GBIF user agreement only states "Users are strongly encouraged to cite data...."

I suggest a new sentence is added to the end of the current wording of the Citing data section to reflect what CC-BY is about:

"As long as at least one record in the data request was published through GBIF under CC-BY-4.0 or CC-BY-NC license, a DOI based citation of the entire data request (download) is mandatory for all users."

I think this should enforce the #CiteTheDOI campaign, outreach and engagement with new data holders and data users, making GBIF a better guardian of the CC licenses chosen by users and avoiding dilution of strictness.

We already have good bullet points 4 to 6 under Provisions, but Citing data weakens these statements. Point 4 can have "mandatory" before use and "unless all records in the data request were published under CC-0" in the end.

Additional source: https://creativecommons.org/licenses/by/4.0/ and https://creativecommons.org/licenses/by-nc/2.0/ search for "must" in both

Github user: @dschigel User: See in registry System: Chrome 81.0.4044 / Windows 10.0.0 Referer: https://www.gbif.org/terms/data-user Window size: width 1745 - height 925 API log&_a=(columns:!(_source),index:'prod-varnish-',interval:auto,query:(query_string:(analyze_wildcard:!t,query:'response:%3E499')),sort:!('@timestamp',desc))) Site log&_a=(columns:!(_source),index:'prod-portal-',interval:auto,query:(query_string:(analyze_wildcard:!t,query:'response:%3E499')),sort:!('@timestamp',desc))) System health at time of feedback: OPERATIONAL

dschigel commented 4 years ago

@dnoesgaard @timhirsch @andrewrodrigues @ahahn-gbif

MattBlissett commented 4 years ago

Copyright licenses like CC-BY and CC-BY-NC apply when republishing data (whether verbatim or with changes), and the terms of the CC licenses won't allow us to require a particular citation method. That would contradict the following term of the license "No additional restrictions".

The user terms could be changed, but not based on the CC licenses.

dschigel commented 4 years ago

Thanks Matt, if you click through appropriate credit - > More info -> 4.0 you will find "To the extent practicable, URI or link to the material if supplied". I read this is our DOI case and we have reasons to be stricter in this, as it is practicable.

timhirsch commented 4 years ago

The data user agreement was worded after careful legal advice and any change would need to go through the same process. As Matt suggests, I very much doubt we could or should use terms such as 'mandatory', as this would imply some obligation or commitment on GBIF's part to take enforcement action in the case of a breach of terms. That is a door we do not want to open.