[Politech] Who owns facts? House committee approves database bill [ip]

From: Declan McCullagh (declan@private)
Date: Sat Jan 24 2004 - 09:44:57 PST

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    http://news.com.com/2100-1028-5145040.html
    A congressional panel on Wednesday approved a proposal to curb
    database copying, ignoring the objections of technology companies that
    launched a last-minute lobbying campaign to kill the proposal. By a
    16-7 vote, the House Judiciary committee approved an intellectual
    property bill that had been opposed by Amazon.com, AT&T, Comcast,
    Google, Yahoo and some Internet service provider associations.
    
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    Date: Thu, 22 Jan 2004 00:32:54 -0500
    From: Seth Johnson <seth.johnson@private>
    Organization: Real Measures
    To: dave@private, declan@private
    Subject: ACM: Exclusive Rights to Facts?
    
    
    ACM Members, put in your two cents . . .
    
    
     > https://www.myacm.org/opinion/poll.cfm
    
    
    Member Opinion Poll
    
    January 22, 2004
    
    
    Issue: Should proposed US Legal Protections for Collections of Data be
    Expanded?
    
    
    
    Some commercial interests are concerned that their data collections will be
    used contrary to their interests and are proposing changes to US law that
    would create new ownership rights in a wide variety of factual data and
    information collected and contained in online databases.
    
    ACM's policy position (see below) is that current US laws provide adequate
    protection for collections of data, and that additional legislation to
    expand such protections is not needed because it could have unintended
    side-effects that impose an unwarranted cost on the process of scientific
    discourse and society in general.  What's your opinion on ACM's policy
    position?
    
    
    Issue: Expanding US Legal Protections for Collections of Data
    
    Background:The US Congress is currently considering legislation to create
    new ownership rights in a wide variety of factual data and information
    collected and contained in online databases. ("Database and Collections of
    Information Misappropriation Act" 63k pdf
    [http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_bills&docid=f:h3261ih.txt.pdf])
    
    It is common practice in science, education, government, and business to
    create data collections and make them available for others to use. Under
    current US law, once data and information are distributed to the public,
    they enter into the public domain. Researchers and consumers are then free
    to reuse them in countless ways.
    
    Some commercial interests are concerned that their data collections will be
    used contrary to their interests, and are proposing changes to US law that
    would create new ownership rights in a wide variety of the data and
    information collected and contained in online databases. They suggest that
    the current array of existing US laws are inadequate in that they fail to
    provide protection from acts of unauthorized uses of data contained in
    databases.
    
    The primary proponents of this position are the large information
    conglomerates and other firms with specialized interests in data ownership
    represented by the Software and Information Industry Association (SIIA). (To
    review their arguments SIIA's 2003 Congressional database testimony.
    [http://www.siia.net/govt/DatabaseTestimony_9-18-03.pdf])
    
    A diverse coalition of database producers and users (the Netcoalition)
    opposes the broad legislative effort to expand legal protections for
    collections of data. They have concluded that the proposed legislation will
    lead to the growing monopolization of the marketplace for information,
    threatening the freedom individuals have to search, gather and exchange
    information over the Internet.
    
    The coalition includes the National Academies of Science, the American Civil
    Liberties Union, and the Consumer Project on Technology, the American
    Libraries Association, Amazon, Comcast, Google, Verizon, Yahoo, Bloomberg
    LP, Charles Schwab & Co., and the US Chamber of Commerce. (To review a
    summary of the Netcoalition's concerns, see their website
    [http://www.netcoalition.org/keyissues/2003-10-21.466.pdf]. To review the
    National Academies 2003 testimony by ACM Fellow Dr. William Wulf, see their
    website
    [http://www4.nationalacademies.org/ocga/testimon.nsf/By+Congress/823a725353e8671d85256daa0074f432?OpenDocument].)
    
    ACM Council is being asked to adopt an association-level ACM policy position
    on the issue of expanding legal protections for collections of data as in
    the US legislation. As part of its mission, ACM fosters the open exchange of
    information, and, thus, the ACM Council encourages all members to provide
    feedback. For your information and comment, the proposed ACM policy position
    is posted below.
    
    
    Proposed ACM Position on Extending US Legal Protections for Collections of
    Data
    
    ACM is a publisher and maintains an online digital library. While we have a
    vested interest in the protection of our copyrighted information, we also
    shoulder a responsibility for our discipline to promote public policies that
    advance the open interchange of information in ways that lead to advances in
    computing technology of benefit to society.
    
    ACM has concluded that current US laws provide adequate protection for
    collections of data. Additional legal protections would impact the
    availability and use of data and information that have traditionally been in
    the public domain, including government-funded data that might not be
    available from any other source. The open sharing of data and information
    has been fundamental to the advancement of knowledge, technology and
    culture. Any broadly constructed effort intended to increase protection for
    commercial data collections would restrict public data collections, thereby
    imposing an unwarranted cost on the process of scientific discourse.
    
    Accordingly, ACM agrees with the National Academies of Science, the American
    Libraries Association, the US Chamber of Commerce, and other scientific
    societies, public interest groups and businesses that do not see a
    compelling need to extend new legal protections for collections of data at
    this time.
    -- 
    
    DRM is Theft!  We are the Stakeholders!
    
    New Yorkers for Fair Use
    http://www.nyfairuse.org
    
    [CC] Counter-copyright: http://realmeasures.dyndns.org/cc
    
    I reserve no rights restricting copying, modification or distribution of
    this incidentally recorded communication.  Original authorship should be
    attributed reasonably, but only so far as such an expectation might hold for
    usual practice in ordinary social discourse to which one holds no claim of
    exclusive rights.
    
    ----- End forwarded message -----
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