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LIBLICENSE-L  February 2014

LIBLICENSE-L February 2014

Subject:

Re: Who should control text mining rights?

From:

LIBLICENSE <[log in to unmask]>

Reply-To:

LibLicense-L Discussion Forum <[log in to unmask]>

Date:

Sun, 9 Feb 2014 18:58:04 -0500

Content-Type:

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text/plain (101 lines)

From: Jan Velterop <[log in to unmask]>
Date: Fri, 7 Feb 2014 07:28:54 +0000

The existence of the European Database Directive is probably the most
relevant here. http://en.wikipedia.org/wiki/Database_Directive

Actual text of the Directive:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31996L0009:EN:HTML

It doesn't seem problematic for what Marcin says, but Michael may wish
to comment.

Jan Velterop

Sent from my iPad

> On 6 Feb 2014, at 23:30, LIBLICENSE <[log in to unmask]> wrote:
>
> From: Sandy Thatcher <[log in to unmask]>
> Date: Thu, 6 Feb 2014 13:54:55 -0600
>
> Maybe so, but as Michael Carroll cautioned in his post on this
> subject, "In Europe, the legal situation is more complicated because
> of database rights and the absence of fair use."
>
> Sandy Thatcher
>
>
>
>> From: Marcin Wojnarski <[log in to unmask]>
>> Date: Wed, 5 Feb 2014 15:10:38 +0100
>>
>> As a data mining specialist, I've followed the different discussions
>> about mining scholarly publications for some time already, and I've
>> noticed that there is a big confusion about the legal nature of text
>> mining and the true origin of restrictions related to it.
>>
>> 1) Restrictions imposed on text mining are technical, not legal.
>> Publishers impose technical limits on how much content can be
>> downloaded in a given period of time, and if someone downloads too
>> much, the university may get cut off from publisher's servers. This is
>> regulated legally, of course, but only in the agreement signed between
>> the university and the publisher, not by general law, the least by
>> copyright. What exact terms are signed is a matter of mutual agreement
>> between parties - they can agree on whatever they want - so blaming
>> copyright for limited bandwidth to publisher's server, as often done
>> in discussions about data mining of academic papers, is unreasonable.
>>
>> 2) Restrictions are related to subscription content alone. There are
>> no ways to impose restrictions on mining Open Access content, even if
>> OA means only "free" OA. Even more: if I get access to a paper
>> illegally and mine it, I can only be accused of illegal copying, but
>> not of text mining. That's because copyright law has nothing to do
>> with mining, these are two different things.
>>
>> Data mining is related to *information* contained in the paper, and
>> not to the paper itself; whereas the copyright protects only the paper
>> as a creative work, in its literal and graphical form, not the
>> information contained in it. It's important to see the distinction.
>>
>> It's true what Ross Mounce said that "the right to read is the right
>> to mine". I would say even more: mining does NOT need any right. Data
>> mining is just another name for collecting statistics. And it's my
>> *personal freedom* to collect whatever stats I want, from whatever
>> papers I want, nobody can forbid me to do this. Thus, if I'm lucky
>> enough to see the paper - on whatever legal basis, or even none at all
>> - it's only my business what I do with information that I obtained in
>> this way.
>>
>> Regards
>> Marcin Wojnarski
>>
>> Marcin Wojnarski, Founder and CEO, TunedIT
>> http://tunedit.org
>> http://www.facebook.com/TunedIT
>> http://twitter.com/TunedIT
>> http://www.linkedin.com/in/marcinwojnarski
>>
>> TunedIT - Online Laboratory for Intelligent Algorithms
>>
>>
>>> On 02/05/2014 12:20 AM, LIBLICENSE wrote:
>>>
>>>
>>> From: Ivy Anderson <[log in to unmask]>
>>> Date: Tue, 4 Feb 2014 05:32:56 +0000
>>>
>>> This short article from Nature News may be of interest to LibLicense readers:
>>>
>>> Elsevier opens its papers to text-mining
>>> Researchers welcome easier access for harvesting content, but some
>>> spurn tight controls.
>>>
>>> Richard Van Noorden
>>> 03 February 2014
>>> http://www.nature.com/news/elsevier-opens-its-papers-to-text-mining-1.14659
>>>
>>> Ivy Anderson
>>> Director of Collections, California Digital Library
>>> University of California

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