(a) LIABILITY- Any person who makes available in commerce to others a quantitatively substantial part of the information in a database generated, gathered, or maintained by another person, knowing that such making available in commerce is without the authorization of that person (including a successor in interest) or that person's licensee, when acting within the scope of its license, shall be liable for the remedies set forth in section 7 if--
(1) the database was generated, gathered, or maintained through a substantial expenditure of financial resources or time;
(2) the unauthorized making available in commerce occurs in a time sensitive manner and inflicts injury on the database or a product or service offering access to multiple databases; and
(3) the ability of other parties to free ride on the efforts of the plaintiff would so reduce the incentive to produce the product or service that its existence or quality would be substantially threatened.
(b) INJURY- For purposes of subsection (a), the term `inflicts an injury' means serving as a functional equivalent in the same market as the database in a manner that causes the displacement, or the disruption of the sources, of sales, licenses, advertising, or other revenue.
(c) TIME SENSITIVE- In determining whether an unauthorized making available in commerce occurs in a time sensitive manner, the court shall consider the temporal value of the information in the database, within the context of the industry sector involved.
Interesting, and thanks for posting part of the text from the bill here. I wonder if this bill isn't being snuck through to give the likes of Wal-Mart, K-Mart, Target, etc., more ammunition in their once and future suits against folks such as fatwallet.com - particualy around this time of year. (Amungtst all the other "Corporate entitities" who'd love to see something like this)
If they can successfuly claim the publication of their price lists ("facts" in anyone's book) is somehow part of a " database (that) was generated, gathered, or maintained through a substantial expenditure of financial resources or time;" it'll just be more ammunition for them to keep simple facts "secret."
Of course, considering how much influence large corporations have over the legislature in protecting their interests at the expense of the Public Good, is a bill like this any real surprise?
What's onerous? (Score:2, Informative)
(a) LIABILITY- Any person who makes available in commerce to others a quantitatively substantial part of the information in a database generated, gathered, or maintained by another person, knowing that such making available in commerce is without the authorization of that person (including a successor in interest) or that person's licensee, when acting within the scope of its license, shall be liable for the remedies set forth in section 7 if--
(1) the database was generated, gathered, or maintained through a substantial expenditure of financial resources or time;
(2) the unauthorized making available in commerce occurs in a time sensitive manner and inflicts injury on the database or a product or service offering access to multiple databases; and
(3) the ability of other parties to free ride on the efforts of the plaintiff would so reduce the incentive to produce the product or service that its existence or quality would be substantially threatened.
(b) INJURY- For purposes of subsection (a), the term `inflicts an injury' means serving as a functional equivalent in the same market as the database in a manner that causes the displacement, or the disruption of the sources, of sales, licenses, advertising, or other revenue.
(c) TIME SENSITIVE- In determining whether an unauthorized making available in commerce occurs in a time sensitive manner, the court shall consider the temporal value of the information in the database, within the context of the industry sector involved.
Re:What's onerous? (Score:5, Insightful)
If they can successfuly claim the publication of their price lists ("facts" in anyone's book) is somehow part of a " database (that) was generated, gathered, or maintained through a substantial expenditure of financial resources or time;" it'll just be more ammunition for them to keep simple facts "secret."
Of course, considering how much influence large corporations have over the legislature in protecting their interests at the expense of the Public Good, is a bill like this any real surprise?