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CReATIVE-B main Legal Interop issues identified until now in the project:

CReATIVE-B main Legal Interop issues identified until now in the project:.

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CReATIVE-B main Legal Interop issues identified until now in the project:

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  1. CReATIVE-B main Legal Interop issues identified until now in the project: TheCReATIVEfindings can be classified in 3 types of problemsdependingonthelevel of theapproach to thetask of tacklingwith legal interop and IPR relatedissues, leading, whenjointyconsidered, to a .. GENERAL CONCLUSION: “LEGAL PROBLEMS” REALLY IMPLY relatively SERIOUS LIMITATIONS TO INTEROPERABILITY OF BIODIVERSITY E-SCIENCE INFRASTRUCTURES: and theneed to focusonthe 3 of themindividually I.- General considerationsand policies II.- IPRs in workflows III.- Specific IPR and attributionrelatedissues

  2. I General considerations and policies 1.- AlthoughalltheRis endorse public/open accessthey do notcontest “data ownershipclaims” due to realisticpragmaticapproachestowardsscientificcommunities. Thisenhancesefficiency in obtainingcriticalnumbers of usersbutcomplicatesmanagement. 2.- Protocols and standards are usually a technical (not a legal issue, withsomeexceptionse.g. GIS software) 3.- Evenwhenthecore of thehard/middle/software of the RI islicensedthere are stilltechniques to impose open sourcefortheusers of the RI 4.- Europeantrends to imposemandatoryrelicensingfortext and data mining (TDM) mightaffectRIs and restrict data access

  3. II BOTTLENECKS IN WORKFLOWS Even the most “classic” RIs (GBIF, EOL..) have MULTIPLE BOTTLENECKS IN THE WORKFLOWS to provide manageable data due to IPRs such as: • algorithms, • licenses on software, • licenses on environmental data layers, - permissions to use (and identification of authors), - permits or licenses when moving data from one service to another, - use of 3rd party software issues associated with publication.

  4. III.- Specific IPR and attributionrelatedissuesOther identified potential legal obstacles to interoperability& potential solutions 1.- prevention of data attribution mechanisms that may block data re-use resulting from excess attribution requirements; 2.- promotion of similar data quality management techniques (i.e. treatment of aggregated occurrence records); 3.- exploration of the potential of the new creative commons 4.0 and CC0 licenses[normative (versus legal) approach to data attribution] 4.- exploration of the potential ofthe Science Information Partners-ESIP/ COOPEUS citation protocols (and the GEOSS Data Citation Standard); 5.- smart solutions in applying general waivers of any rights on data served by each research infrastructure, so that automatic machine processing of data is supported (as it happens in the medical world).

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