License for redistributing Radiopaedia data for AI? Their default Terms of Use seem to not allow?
(sorry, I posted this on your github as well, https://github.com/BAAI-DCAI/M3D/issues/50, but I thought it would be useful to potential downloaders of the data to also raise this here, in case this is informative in case they seek this clarification, as it may be important to certain use-cases, e.g. AI research and commercial use.)
Dear authors,
Thanks a lot for your work on M3D. I was interested to use it so I started looking into your work, and therefore I had a look at data licences.
M3D-Cap seems largely based on data (images+reports) downloaded from Radiopaedia. However Radiopaedia's Terms of Use explicitly state that the data on their platform is not intended to be mass-downloaded / scraped for Machine Learning or Artificial Intelligence.
Link:
https://radiopaedia.org/terms => "Scraping or otherwise automated copying of content" => "Radiopaedia is not designed or intended to be used as an imaging data-set for Machine Learning/Artificial Intelligence research, nor is it available for bulk download using an automated script or robot or any other process whereby many cases are downloaded. ... protect the intellectual property rights of the content ..."
Seems that under their default license, scraping and redistributing is not allowed. Your redistribution via Hugging Face (https://huggingface.co/datasets/GoodBaiBai88/M3D-Cap) states: "All images and reports involved in this dataset are publicly available data. For detailed copyright information, please refer to the corresponding links.". But this does not seem to be the case for Radiopaedia.
Have you obtained a separate explicit license from Radiopaedia for this redistribution?
If yes, I would advise you provide this explicit license on your redistribution (HuggingFace), so that the M3D users know that everything is fine/covered.
If not, then this re-distribution may be problamatic, and you should probably flag this to users (on github and HuggingFace?), because any use for ML/AI via this redistribution may be breaching terms of use?
I also note that for your redistribution on HuggingFace you provide an Apache-2.0 License, which includes free Commercial Use. But the original Radiopaidia License explicitly states it's for NonCommercial use (https://radiopaedia.org/terms -> Ownership and licenses). I am not sure a restriction like this can be lifted in a redistribution? Except if you have obtained explicit license from Radiopaedia, in which case I think it would be best to provide/state it on your HuggingFace Dataset info, so that users are assured? Cause the current statement ("All images and reports involved in this dataset are publicly available data.") is not covering this. Please clarify, cause the current state could be an issue for downloaders that use M3D for commercial use?
The above is intended to be useful/constructive to avoid any issue, in case this was not noticed by you before, and you may want to clarify with downloaders or Radiopaedia.
Apologies if this is something you have taken care of by liaising with Radiopaedia, but I saw no explicit granted permission on your huggingface, so I thought I'd inform you in case it was missed.
Kind regards
Konstantinos Kamnitsas
Hi,
Thank you everyone for your concern regarding data copyright. Our team and the M3D-related data have obtained an official license approval from Radiopaedia. We support the non-commercial use of Radiopaedia content for machine learning. As a pioneering work in multimodal understanding for 3D medical imaging, M3D provides a wealth of models, datasets, and benchmarks, aiming to benefit the entire community, researchers, and doctors. We hope for your continued support for our work.
Best regards,
BAI Fan
#crossposted from https://huggingface.co/datasets/GoodBaiBai88/M3D-Cap/discussions/4
I have reviewed our data agreements, and while there is not one from @GoodBaiBai88 , there is an agreement signed by Bo Zhao last week (who has referenced their affiliation in a prior email). In the other thread, I have asked for confirmation that this is the agreement they refer to.
In the signed data agreement, Section 4 (Prohibition on Redistribution) states explicitly: "Publishing results does not grant you or third parties the right to redistribute the dataset or derivatives beyond what is necessary to explain or support the results." So, while they may have a retrospective signed agreement to use the data, this agreement specifically prohibits redistribution.