New license request: CC-BY-SA-3.0-AT [SPDX-Online-Tools]

Dominik-Hagmann commented 5 years ago

1. License Name: Creative Commons Attribution-Share Alike 3.0 Austria 2. Short identifier: CC-BY-SA-3.0-AT 3. License Author or steward: 4. Comments: Since CC licenses are quite common in humanities in general and since the suggested license is suitable for free cultural works in particular the license has been used quite often in Austrian research and for respective resarch outputs on topics like cultural heritage studies, archaeology, history, literature studies etc. 5. Standard License Header: There is no standard license header for the license. 6. URL: https://creativecommons.org/licenses/by-sa/3.0/at/legalcode 7. OSI Status: Not Submitted

swinslow commented 5 years ago

Hello @Dominik-Hagmann, thank you for submitting this!

Because of the large number of CC license combinations and translations, I believe the SPDX team's practice has generally been that particular translations might be considered for inclusion on the list, if there is evidence of their widespread use in practice. (This is also one of the factors that is looked at for all other licenses as well.)

Your comments noted that CC-BY-SA-3.0-AT is used quite often in Austrian research and outputs. Would you mind posting here links to some publicly-available examples where it's used, so the team can review and confirm? Thank you!

swinslow commented 4 years ago

Hi @Dominik-Hagmann, circling back on this -- please see my comment above, can you provide some examples of where CC-BY-SA-3.0-AT is in widespread use?

johnmhoran commented 4 years ago

I'll pick this up.

swinslow commented 4 years ago

Thanks @johnmhoran!

@Dominik-Hagmann, regarding my earlier comments, please weigh in if there are examples you can provide where this license is in widespread use. If there are, then we can discuss whether to include it on the SPDX license list (in the past we have not done so for any of the CC license translations, I believe).

Dominik-Hagmann commented 4 years ago

Dear all,

sorry for the late response! it was been a busy time (but I guess for you guys too)... I will provide at least some examples at least at the end of next week since I will have time now to manage this. Thank you anyway for your support – if it is not possible to include the mentioned license that won't be a problem for me.

Thank you very much and a happy new year,

Dominik

Steve Winslow notifications@github.com schrieb am Do., 2. Jän. 2020, 19:03:

Thanks @johnmhoran https://github.com/johnmhoran!

@Dominik-Hagmann https://github.com/Dominik-Hagmann, regarding my earlier comments, please weigh in if there are examples you can provide where this license is in widespread use. If there are, then we can discuss whether to include it on the SPDX license list (in the past we have not done so for any of the CC license translations, I believe).

— You are receiving this because you were mentioned. Reply to this email directly, view it on GitHub https://github.com/spdx/license-list-XML/issues/931?email_source=notifications&email_token=AGFKQIG4ES6362HYMRACS7LQ3YT6LA5CNFSM4I2XESG2YY3PNVWWK3TUL52HS4DFVREXG43VMVBW63LNMVXHJKTDN5WW2ZLOORPWSZGOEH66ZDQ#issuecomment-570289294, or unsubscribe https://github.com/notifications/unsubscribe-auth/AGFKQIFOZ36KI766PNWKI3LQ3YT6LANCNFSM4I2XESGQ .

johnmhoran commented 4 years ago

Thank you @Dominik-Hagmann . 👍

johnmhoran commented 4 years ago

Hi @Dominik-Hagmann . Just wanted to follow up with you -- please advise if you've been able to identify examples where this license is in widespread use. Many thanks!

Dominik-Hagmann commented 4 years ago

Hi John,

I'm very sorry for my long silence, but due to the Corona-Crisis I had to move from the U.S. back to Europe in March which had been quite troublesome, so thanks for reaching out continuously. anyway, all is fine now; I was able to search for some examples but finally had to realize, that most of the data providers shifted from CC BY-SA-3.0-AT to CC BY 4.0. As for example, the OGD of the county of Upper Austria provided their data using a CC BY-SA-3.0-AT license some years ago; anyway, now they are using CC BY 4.0.

You'll find some of these CC BY-SA-3.0-AT-data sets here in this folder: https://drive.google.com/open?id=0B2-1B2WioorpN3g0c2wzTG9lRDg

Please note, most of them had been downloaded, as said, some years ago so their most recent equivalents are already using the CC BY 4.0 AT license; therefore, you'll find original PDF and TXT files mentioning the CC BY-SA-3.0-AT-license and terms of use accompanying the datasets. So the point is, that, in fact, for the latest datasets e.g. a CC BY 4.0 license is sufficient enough but for objects using the older datasets the availability of CC BY SA 3.0 AT would be still very useful.

Thanks again and all the best,

Dominik

Am Do., 21. Mai 2020 um 19:10 Uhr schrieb John M. Horan < notifications@github.com>:

Hi @Dominik-Hagmann https://github.com/Dominik-Hagmann . Just wanted to follow up with you -- please advise if you've been able to identify examples where this license is in widespread use. Many thanks!

— You are receiving this because you were mentioned. Reply to this email directly, view it on GitHub https://github.com/spdx/license-list-XML/issues/931#issuecomment-632230356, or unsubscribe https://github.com/notifications/unsubscribe-auth/AGFKQIBYBQSHPNZ3XDRSFK3RSVOBNANCNFSM4I2XESGQ .

--

Univ.-Ass. Dominik Hagmann, BA MA

Universitätsassistent | University Assistant

Institut für Klassische Archäologie | Department of Classical Archaeology

Franz-Klein-Gasse 1

A-1190 Wien | Vienna

Lehrbeauftragter | Lecturer

Department of Evolutionary Anthropology

Althanstraße 14 (UZA I)

1090 Wien | Vienna

Österreich | Austria

T +43-1-4277-40621

M +43-664-7950-463

dominik.hagmann@univie.ac.at

homepage.univie.ac.at/dominik.hagmann

johnmhoran commented 4 years ago

Thank you, @Dominik-Hagmann . If, as seems to be the case, there's no evidence of current widespread use, this does not seem to be the sort of translation that would be considered for inclusion on the list. @swinslow -- what are your thoughts?

swinslow commented 4 years ago

Discussed on SPDX 2020-06-18 legal team call -- general inclination towards adding these, but it would be very helpful to see a few links to real-world use of where some of the studies, etc. have referenced CC-BY-SA-3.0-AT. @Dominik-Hagmann Thanks for the Google drive link -- are there a couple of other instances you might be able to point to, just for our quick review?

Dominik-Hagmann commented 4 years ago

Dear Steve,

thanks for the news! Regarding Autstrian open government data you'll find all available datasets using the license looking at this portal: https://www.data.gv.at/suche/?searchterm=&searchin=data&licenseFilter%5B%5D=cc-by-at-30

another collection providing loads of datasets using the license can be found here https://data.opendataportal.at/dataset?license_id=cc-by where you can see that the license is used for various topics like collections of modern art ( https://data.opendataportal.at/dataset/kunstwerke-der-sammlung-des-mumok ) or registries of on-demand transportation providers ( https://www.bedarfsverkehr.at/content/Open_Data )

Thanks again and all the best, Dominik

Am Do., 18. Juni 2020 um 18:55 Uhr schrieb Steve Winslow < notifications@github.com>:

Discussed on SPDX 2020-06-18 legal team call -- general inclination towards adding these, but it would be very helpful to see a few links to real-world use of where some of the studies, etc. have referenced CC-BY-SA-3.0-AT. @Dominik-Hagmann https://github.com/Dominik-Hagmann Thanks for the Google drive link -- are there a couple of other instances you might be able to point to, just for our quick review?

— You are receiving this because you were mentioned. Reply to this email directly, view it on GitHub https://github.com/spdx/license-list-XML/issues/931#issuecomment-646169709, or unsubscribe https://github.com/notifications/unsubscribe-auth/AGFKQIF5TGRZXADFGSNZG2TRXJBIHANCNFSM4I2XESGQ .

--

Univ.-Ass. Dominik Hagmann, BA MA

Universitätsassistent | University Assistant

Institut für Klassische Archäologie | Department of Classical Archaeology

Franz-Klein-Gasse 1

A-1190 Wien | Vienna

Lehrbeauftragter | Lecturer

Department of Evolutionary Anthropology

Althanstraße 14 (UZA I)

1090 Wien | Vienna

Österreich | Austria

T +43-1-4277-40621

M +43-664-7950-463

dominik.hagmann@univie.ac.at

homepage.univie.ac.at/dominik.hagmann

swinslow commented 4 years ago

Thank you @Dominik-Hagmann! From just that first link it looks like it's over 400 data sets from the Austrian government released under the license. Based on the legal team discussion yesterday I think that is sufficient use in the wild for this translation to be added.

One complication, though: Looking closely at that link, it looks to me like it is showing CC-BY-3.0-AT, not CC-BY-SA-3.0-AT. In other words, the Attribution variant, not the ShareAlike variant. For the second link at the opendataportal.at site, it looks to me like that is also showing the BY- variant, not BY-SA-.

Forgive me if I'm wrong as I can't read Austrian at all :) But could you please confirm whether the request for the license to add should be CC-BY-3.0-AT, not CC-BY-SA-3.0-AT. That's fine if so, just want to make sure we add the correct translation.

Dominik-Hagmann commented 4 years ago

Dear Steve, thanks for the quick response and also for pointing out the issue. Indeed, I sent some references for CC BY 3.0 AT and not CC BY-SA 3.0 AT. Anyway, both sites provide resources for the ShareAlike variant too, but there aren't that many examples available (like for CC BY 3.0) though: https://data.opendataportal.at/dataset?license_id=cc-by-sa&_license_id_limit=0 and https://www.data.gv.at/suche/?licenseFilter%5B0%5D=cc-by-sa Despite that there are loads of images and other graphics using the CC BY-SA 3.0 AT license available at Wikipedia Commons: https://commons.wikimedia.org/wiki/Category:CC-BY-SA-3.0-AT Essentially there you can see that this license has been quite intensively used in the past (at least for an Austrian scale). In general, would it be possible to add both variants, CC BY 3.0 AT and CC BY-SA 3.0 AT as well?

Thanks again and all the best, Dominik

Am Fr., 19. Juni 2020 um 15:52 Uhr schrieb Steve Winslow < notifications@github.com>:

Thank you @Dominik-Hagmann https://github.com/Dominik-Hagmann! From just that first link it looks like it's over 400 data sets from the Austrian government released under the license. Based on the legal team discussion yesterday I think that is sufficient use in the wild for this translation to be added.

One complication, though: Looking closely at that link, it looks to me like it is showing CC-BY-3.0-AT, not CC-BY-SA-3.0-AT. In other words, the Attribution variant, not the ShareAlike variant. For the second link at the opendataportal.at site, it looks to me like that is also showing the BY- variant, not BY-SA-.

Forgive me if I'm wrong as I can't read Austrian at all :) But could you please confirm whether the request for the license to add should be CC-BY-3.0-AT, not CC-BY-SA-3.0-AT. That's fine if so, just want to make sure we add the correct translation.

— You are receiving this because you were mentioned. Reply to this email directly, view it on GitHub https://github.com/spdx/license-list-XML/issues/931#issuecomment-646648673, or unsubscribe https://github.com/notifications/unsubscribe-auth/AGFKQIFGZ65JVNDBS45JQLTRXNUSDANCNFSM4I2XESGQ .

--

Univ.-Ass. Dominik Hagmann, BA MA

Universitätsassistent | University Assistant

Institut für Klassische Archäologie | Department of Classical Archaeology

Franz-Klein-Gasse 1

A-1190 Wien | Vienna

Lehrbeauftragter | Lecturer

Department of Evolutionary Anthropology

Althanstraße 14 (UZA I)

1090 Wien | Vienna

Österreich | Austria

T +43-1-4277-40621

M +43-664-7950-463

dominik.hagmann@univie.ac.at

homepage.univie.ac.at/dominik.hagmann

johnmhoran commented 4 years ago

@swinslow Let's discuss when you have time -- I have a few questions. Among other things, it's not clear to me how you concluded which license is provided (CC-BY-3.0-AT vs. CC-BY-SA-3.0-AT).

I've looked at https://github.com/spdx/license-list-XML/blob/master/src/CC-BY-SA-3.0.xml and https://github.com/spdx/license-list-XML/blob/master/src/CC-BY-3.0.xml, and both seem to have some text that differs from the German license file initially provided by @Dominik-Hagmann (https://creativecommons.org/licenses/by-sa/3.0/at/legalcode).

For example, Section 8.f in the German text is:

Sofern zwischen Ihnen und dem Lizenzgeber keine anderweitige Vereinbarung getroffen wurde und soweit Wahlfreiheit besteht, findet auf diesen Lizenzvertrag das Recht der Republik Österreich Anwendung.

My German is rather rusty but that certainly seems different from Section 8.f in the two .xml license files I examined:

            The rights granted under, and the subject matter referenced, in this License were drafted
               utilizing the terminology of the Berne Convention for the Protection of Literary and
               Artistic Works (as amended on September 28, 1979), the Rome Convention of 1961, the WIPO
               Copyright Treaty of 1996, the WIPO Performances and Phonograms Treaty of 1996 and the
               Universal Copyright Convention (as revised on July 24, 1971). These rights and subject
               matter take effect in the relevant jurisdiction in which the License terms are sought to
               be enforced according to the corresponding provisions of the implementation of those
               treaty provisions in the applicable national law. If the standard suite of rights granted
               under applicable copyright law includes additional rights not granted under this License,
               such additional rights are deemed to be included in the License; this License is not
               intended to restrict the license of any rights under applicable law.

johnmhoran commented 4 years ago

1 test failed, a bit hard to troubleshoot but: I somehow dropped the initial V in Vergütungsansprüche. Yikes.

johnmhoran commented 4 years ago

Fixed, pushed, all tests passed. Sehr gut. Auf Wiedersehen.

swinslow commented 4 years ago

Added in #1065, thanks @johnmhoran!

spdx / license-list-XML

New license request: CC-BY-SA-3.0-AT [SPDX-Online-Tools] #931