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I'm working on a project that uses a dataset produced from software informally licensed as "non-commercial use only". I'm developing an application that uses that dataset as an input to another algorithm. Our own software has a permissive free software license in which we don't restrict commercial usage.

Are there legal implications of using that dataset in our own software in the sense that we are violating a copyright?

Edit: Thanks folks, the ask a lawyer thing is the way to go, but its helpful for me to hear some opinions bounce around.

Rich
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3 Answers3

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I think you're asking the wrong people.

The only valid answer is: ask an attorney.

Make sure he knows a thing or two about international IP laws, too - things are different on each side of the Atlantic.

And if it comes to it, having a corporation in China or Nigeria or what not with a giant "Sue Me" sign on the front door occasionally helps too.

Denis de Bernardy
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In the US, datasets are not patentable. They are, though, covered by copyright. I believe the extent of such depends on the nature of the collection (is it lists of facts, or lists of data someone created) and what you are doing with it. So you'd want to present your attorney with the exact nature of your data set and have them advise based on that. There was a US Supreme Court case known as Feist, that dealt with exactly the parameter under which collections are covered by copyright.

GrandmasterB
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From what I gather, the software you used was was "non-commercial use only" and not the dataset. Since you are giving the dataset away for free, I wouldn't really call that commercial use. That being said, this is one of those things that it is better to ask an IP lawyer about.

Zhehao Mao
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