Abstract
The web has become the largest data repository on the planet. An important factor contributing to its success is its openness and ease of use: anyone can contribute data to, and consume data from, the Web. As Tim Berners-Lee, inventor of the Web, said, "the exciting thing is serendipitous reuse of data: one person puts data up there for one thing, and another person uses it another way." Such serendipitous data reuse is extremely valuable. Through reuse, new knowledge can be created, innovation and value-added services become possible.
However, there have been efforts to regulate and legally challenge data reuse activities. The European Union (EU) has adopted the Database Directive to restrict unauthorized data extraction and reuse. In the U.S., Congress has considered six bills, all of which failed to pass into law. These legislative activities are summarized in Figure 1; more details are furnished later. The significant uncertainty and the international differences in database legislation have created serious challenges to the "serendipitous reuse of data." The dual purposes of this article, both related to the theme "one size does not fit all," are to: summarize the range of legislation in current use and proposed; and present an economic model for interpreting or recommending policy choices that depend on factors such as cost of database creation and level of database differentiation.
As computing professionals continue to develop technologies (such as data extraction, Web mashups, Web services, and various Semantic Web technologies) to make data reuse much easier, it is important for us to understand the legal implications when applying these technologies for data reuse purposes.
- Colsten, C. Sui Generis database right: Ripe for review? The Journal of Information, Law and Technology 3 (2001).Google Scholar
- Commission of the European Communities (CEC). First Evaluation of Directive 96/9/EC on the Legal Protection of Databases. (Dec. 12, 2005), Brussels.Google Scholar
- Grove, J. Wanted: Public policies that foster creation of knowledge. Comm. ACM 47, 5 (2004), 23--25. Google ScholarDigital Library
- Heald, P.J. The extraction/duplication dichotomy: Constitutional line drawing in the database debate. Ohio State Law Journal 62, 2 (2001) 933--944.Google Scholar
- Hugenholtz, P.B. Program schedules, event data and telephone subscriber listings under the database directive: The "spin-off" doctrine in the Netherlands and elsewhere in Europe. 11th Annual Conference on International Law&Policy (2003), New York.Google Scholar
- Koboldt, C. The EU-Directive on the legal protection of databases and the incentives to update: An economic analysis. International Review of Law and Economics 17, 1 (1997) 127--138.Google ScholarCross Ref
- Lipton, J. Private rights and public policies: Reconceptualizing property in databases. Berkeley Technology Law Journal 18, 3 (2003) 773--852.Google Scholar
- Madnick, S.E., Siegel, M.D. Seize the opportunity: Exploiting Web aggregation. MISQ Executive 1, 1 (2002) 35--46.Google Scholar
- O'Rourke, M.A. Is virtual trespass an apt analogy? Comm. ACM 44, 2 (2001), 98--103. Google ScholarDigital Library
- Samuelson, P. Legal protection of database contents. Comm. ACM 39, 12 (1996), 17--23. Google ScholarDigital Library
- Tabuchi, H. International Protection of Non-Original Databases: Studies on the Economic Impact of the Intellectual Property Protection of Non-Original Databases. CODATA (2002), Montreal, Canada; http://www.codata.org/codata02/03invited/Tabuchi/Tabuchi_CODATA_ejournal.pdf.Google Scholar
- Zhu, H., Madnick, S.E., Siegel, M.D. An economic analysis of policies for the protection and reuse of non-copyrightable database contents. J. of Management Information Systems 25, 1 (2008), 199--232. Google ScholarDigital Library
- Zhu, H. and Madnick, S.E. Finding new uses for information. MIT Sloan Management Review 50, 4, (2009), 18--21.Google Scholar
Index Terms
- One size does not fit all: legal protection for non-copyrightable data
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