Anniversary of sorts

This question from Antony Williams on FriendFeed:

Is PubChem Data Open or not? There are many discussions saying that PubChem data are Open but I see PubChem as a host and the disclaimer does not say “open”:

reminded me that it’s almost a year to the day since Egon Willighagen asked a similar question about PubMed Central content:

I was wondering about this section in the CC license of much of the PMC content, such as our paper on userscripts (section 4a of the CC-BY 2.0):

    You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement.

CC-BY 3.0 reads differently, but has similar aims. […] Peter [Murray-Rust, see here] indicates that the NIH has put in place ‘technological measures to control access’ to the distribution of our work on userscripts (the PMC entry). That is in clear violation of the CC license. […] What the PMC website should indicate, instead, is that text mining is allowed for the PMC OAI subset, but that they would highly prefer to use the PMC OAI or PMC FTP routes. This is the least they have to do.

No matter what, I still have the feeling that any technical obstacles are disallowed by the CC-license. Any legal expert here, that can explain me if the CC license allows controlling how people have access to my material?

These are both very good questions, and I still don’t have an answer for Egon’s even after a year. I’m reluctant to go pestering John Wilbanks with every CC-related question I come across, so I’m reposting in the hope that someone will be able to save John from me.

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