Sui Generic Database Rights in CAL

Continuing the discussion from Cryptographic Autonomy License draft v1.0-Beta:

Was CAL’s coverage of sui generic database rights motivated by legal completeness or some facet of intended or expected programs to be licensed under CAL?

Legal completeness, but that doesn’t quite capture it. There are a number of jurisdictions, notably in Europe, that recognize collections of facts or non-copyrightable elements as protectable as collections under a “database rights” rubric. This was both an effort towards internationalization as well as a backstop for API enforcement in applicable jurisdictions in case copyright and patent failed.

I’d be interested in drafting bolt-on license language to add generic, all-encompassing European data rights coverage to a permissive open source license. Or better yet, I’d be happy to facilitate a process to write one with European counsel.

I think such a bolt-on would be used infrequently, but effective when used. I also think it would creep its way into new license forms, going forward.