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Bogdan Gorbeshko2016-10-16 22:08:29
data mining
Bogdan Gorbeshko, 2016-10-16 22:08:29

Is it permissible to freely use publicly posted messages in scientific research?

As I understand it, in general, the written consent of each author is required, unless otherwise specified in the user agreement of the site? For example, on Habré , in paragraphs 4.4–4.5, commercial use and non-commercial use for personal purposes are stipulated, but what does scientific research fall under? The question is of interest in the context of the legislation of Ukraine (+ countries under whose jurisdiction the source sites fall - possibly Russia, the Netherlands, the USA).

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Zr, 2016-10-17
@Zr

IANAL. TINLA.
> Is it permissible to freely use publicly posted messages in scientific research?
Yes, in ways expressly stipulated by law. Specifically - paragraph 1 of Art. 21 of the Law "On Copyright and Related Rights"; In my opinion, everything is very clear there:

Article 21
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> [Free use in the law] of the countries under whose jurisdiction the source sites fall
Yes, I don’t think you should really care about free use regulations in the countries where the works of interest to you were written - they do not restrict you in any way, and there are no rights give. Another thing, if you are going to *publish* in foreign journals, then you should be concerned about the local norms, yes.
> As I understand it, in general, the written consent of each author is required, unless otherwise specified in the user agreement of the site?
A clause in the agreement and must be a consequence of the written consent of each author.
> For example, on Habré, in paragraphs 4.4–4.5, commercial use and non-commercial use for personal purposes are stipulated, but what does scientific research fall under?
The question is not clear. "Scientific research" is not a way to use copyrighted material. What are you doing with it? Let's say the above-allowed quoting is obviously not private use. The term "non-commercial use" in the legislation of the former Soviet republics, as far as I know, is not used, but common sense suggests that this is use without the purpose of making a profit.

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