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Congressional Committee Approves Database Bill 353

thisissilly writes "Ready for another set of restrictions to so-called 'intellectual property'? The House Judiciary committee approved a bill to extend copyright-like protection to databases, despite opposition by AT&T, Amazon, Yahoo, and Google, among others. Currently mere compilations of facts, such as phone books, are not copyrightable. This would change that. Coverage from Cnet, Internetnews. No word on a Senate version. Let's stop this one before it grows."
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Congressional Committee Approves Database Bill

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  • by corebreech ( 469871 ) on Friday January 23, 2004 @04:20PM (#8069809) Journal
    I only bring this up because I'm searching for a reason why they would do this, and I believe that lawyers and politicians feel very threatened by the public having cheap and ready access to the law.

    My expectation is that once this law goes into effect, you'll see a number of states remove whatever databases they have that deal with law and assign those rights to a private company, which will be able to charge exhorbitant fees for access, and go after anyone who does the same on the basis that they copied their work, even if the material was independently compiled because there is no easy way to tell a copy of a copy from a copy of an original.

    Anyone trying to create their own law database would find themselves in court, and because of the expense, they'd give up before ever going to trial.

    This will be a win for Lexis I think.

    (and yes, I *like* my tin-foil hat.)
    • I don't see how this could be. Would the burden of proof not be on the owner of the database who says their material was stolen?

      Don't all laws by definition have to be publicly published?

      I struggle to see why if party A goes to the trouble and expense to collect and organize some information that they should be able to seek compensation for that effort- or you can go get it on your own.

      • Would the burden of proof not be on the owner of the database who says their material was stolen?

        It would be. However, the entrenched competitor would have the deep pockets to put up a lot of legal trouble for the upstart... who would likely not have that kind of money. It's copyright law based on the golden rule - he who has the gold, rules. For example, Wikipedia would get 100 years of protection for any facts that it had - but on the other hand, would suddenly become a target for anyone with money i
        • If a fact can be found in a trivial manner- I cannot imagine it turning into what you describe. You go into court, you demonstrate the trivial manner of arriving at the trivial fact- with no use of the source in contention and case closed.

          Usually I'm in step for the most part around here- and it feels odd to be so 'out there' on my own. But I just don't see it. Maybe somebody will point it out in a manner that clicks in my mind- but so far nothing.

          If you work to compile some data there should be some r
        • by ryanjensen ( 741218 ) on Friday January 23, 2004 @05:25PM (#8070564) Homepage Journal
          Note that the law does not protect the individual bits of data in the database, just a "quantitatively substantial part of the information" and only 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.

          Also, a database is defined as "a collection of a large number of discrete items of information produced for the purpose of bringing such discrete items of information together in one place" ... not each item idividually.

          Finally, copying an entry out of an encyclopedia or almanac and passing it off as your own is plagiarism, and should be illegal in my opinion (if it isn't already).

          [All italics mine.]

          • by Ironica ( 124657 ) <pixelNO@SPAMboondock.org> on Friday January 23, 2004 @07:30PM (#8071682) Journal
            Note that the law does not protect the individual bits of data in the database, just a "quantitatively substantial part of the information" and only if...

            It seems like one of the possible goals of this legislation, from what you've repeated here, might be another way to prosecute spammers. If they buy a database of email addresses, they no longer have the right to distribute that database.

            However, there are a lot of other cases where this could have a seriously chilling effect. For example, there's the National Opinion Research Center's General Social Survey, which is served up on the web by the University of Michigan (though they don't compile the data). The most recent year's data is never available on the web, only prior years... you have to pay about $300 for a CD-ROM to get the last go-round. Still, if that database is copyrighted, and I use it to generate some statistics for something someone doesn't like (such as finding that there's a negative correlation between education and going to church), now there's a mechanism to quash my findings. If the compilation of the data is protected under copyright, then derivative works are also under the purview of the copyright holder, and statistics derived from a compilation of data would probably be derivative works.

            This seems like it would be mostly used by companies that sell marketing information, and stuff like GIS data. I guess currently it's perfectly legal for me to buy some data from ESRI and then export it to CSV and send copies to all my friends, but this law would prevent that.

            Then the question is, should that be legal? Maybe it shouldn't, but it's hard to see how you could really implement a law to protect it without it being wide open for abuse.
        • Donning my tinfoil hat, I had these thoughts:

          Here is a simple database, containing information which I have gathered:

          1+0=1
          1+1=2
          1+2=3
          1+3=4
          (etc.)

          I shall print this database in a book, thus garnering copyright. I shall make this database available on a subscription basis only, for one billion dollars per user. NOW try and teach your kids basic arithmetic, BWAHAHAHAHA!!

          Extreme example, but goes to support what you're getting at: once distribution (copying) of FACTS can be restricted, the only possible end r
      • by Anonymous Coward
        "Don't all laws by definition have to be publicly published?"

        You'd think so, but they're not. You have to pay to see lots of them.

        That's why I laugh whenever anyone coughs up "Ignorance of the law is no excuse".
      • by ichimunki ( 194887 ) on Friday January 23, 2004 @04:42PM (#8070098)
        If any of you ever bothered to RTFL(egislation), you'd have found this:
        SEC. 5. EXCLUSIONS.

        (a) GOVERNMENT INFORMATION-

        (1) IN GENERAL- Except as provided in paragraph (2), protection under this Act shall not extend to--

        (A) a database generated, gathered, organized, or maintained by a Federal, State, or local governmental entity, or by an employee or agent of such an entity, acting within the scope of such employment or agency; or

        (B) a database generated, gathered, or maintained by an entity pursuant to and to the extent required by a Federal statute or regulation requiring such a database.
        I leave it up to the reader to determine to what extent this protects various statute databases and other privately created systems housing purely public domain governmental data.
        • by corebreech ( 469871 ) on Friday January 23, 2004 @04:58PM (#8070257) Journal
          I see you chose not to include the very next paragraph:
          (2) EXCEPTION- Nothing in this section shall preclude protection under this Act for a database gathered, organized, or maintained by an employee or agent of an entity described in paragraph (1) that is acting outside the scope of such employment or agency, or by a Federal, State, or local educational institution, or its employees or agents, in the course of engaging in education, research, or scholarship.


          Why protect activities related to education, research, or scholarship?
      • by MrLint ( 519792 ) on Friday January 23, 2004 @04:52PM (#8070193) Journal
        I was going to moderate this topic but there is something you guys need to know. A while ago there was a lawsuit by some group that proposes building safety standards and such and lobbies state and local govt to institute them into law. This group claimed it was still copyright after they lobbied to get it enacted to law [lexnotes.com].

        Also currently (it appears) that laws are not copyrightable. [ucdavis.edu] Why this is trying to be pused thru is beyond me. To make a quick buck for govt? to prevent unfettered access? To use copyright law to prevent the publication of laws for 'national security [apfn.net]'? Gives me the willies.
    • I don't think this law will have much effect against private individuals, though. Copyright law explicitly allows for use of excerpts as "far use" when used in certain contexts. Unless you copy a significant chunk of the database, it shouldn't be hard to fall under this clause.

      • I think the grandparent was refering to copying a 'significant chunk' of it. Online databases such as, for example, groklaw could be found infringing.
    • At least the Wayback machine will have copies from before copyright notices were added to the page... :)
    • Hasn't that already happened. There have been several instances where local town councils "Adopt" new building codes. To save time and effort they adopt a standard code prodcued elsewhere. Builders then find themselved in the position of having to "Pay " to access the codes and regulations that they must follow!
      • by zulux ( 112259 ) on Friday January 23, 2004 @04:38PM (#8070044) Homepage Journal

        It looks like standard-codes adopted by governemt can be copied due to a recent court ruling: more info [findarticles.com]
      • by orthogonal ( 588627 ) on Friday January 23, 2004 @05:36PM (#8070686) Journal
        Not anymore.

        The US Supreme Court declined to hear an appeal (warning: pdf) [supremecourtus.gov] (denied a petition for a writ of certiorari) of the US 5th Circuit's en banc ruling [findlaw.com] in SOUTHERN BUILDING CODE V. VEECK, PETER that re-decided the 5th Circuit's previous panel decision [findlaw.com] that affirmed the District Courts's summary judgment in favor of defendant Southern Building Code Congress International Inc, reversing the District Court and remanding the case to it for dismissal of SBCCI's claims.

        Or to be less concise:

        A three-judge panel, with one judge dissenting, of the 5th Circuit initially found that Souther Building Code Congress International Inc. retained copyright to its codes even though those codes were incorporated by reference in the law of, among other places, two Texas towns, Anna and Savoy. The majority's decison laregly rested on findings of other Circuit Courts, and explcitly said that "We decline to create a circuit split by reaching the opposite conclusion today." The majority's opinion held that the Supreme Court's finding in Banks v. Manchester didn't apply to the controversy at hand.

        Then one of the judges of the 5th Circuit asked [findlaw.com] that the all the judges in the 5th Circuit decide the case -- this is called the circuit sitting en banc -- and a majority of the 5th Circuits judges agreed to hear the case en banc.

        The decision of the majority (9-6, with the Chief Judge dissenting) of the entire 5th Cirucit took a diferent view of Banks v. Manchester, and so reversed the Distruct's Court's summary judgment in favor of SBCCI's claim that Veeck had violated SBCCI"s copyright to the building codes at issue, by posting them on his web site.
    • Here [techtv.com] is an example law, in this case building codes, being proprietary. More info here [stellar-one.com].

      y
    • 1984 (Score:4, Insightful)

      by SHEENmaster ( 581283 ) <travis&utk,edu> on Friday January 23, 2004 @04:32PM (#8069980) Homepage Journal
      "Freedom is the freedom to say that 2+2=4. Once that is granted, all else must follow."

      They are trying to take that freedom away by declaring that someone can own the rights to such information.

      (Tin foil hats are property of the producers of the movie Signs. You had damn well better register that now, before it's too late.)
      • Re:1984 (Score:5, Interesting)

        by dasmegabyte ( 267018 ) <das@OHNOWHATSTHISdasmegabyte.org> on Friday January 23, 2004 @04:53PM (#8070207) Homepage Journal
        Actually, they're trying to preserve the right to make money maintaining accurate databases of information. The idea here is that, while information is free, the collection of it is something which takes a lot of time and resources, and that should be protected. Otherwise, people have less incentive to open their databases to the public and less incentive to maintain good information -- or to digitize materials that are currently offline.

        I'm not saying this is a great law, or anything. But I've worked for a number of organizations who resisted putting their best data onto the web, because it was so hard to prevent people from stealing it and reselling it to the public AND there was no legal mechanism to prevent it. To assemble paper and put it into a database takes money. Why shouldn't companies want to protect their investments?

        After all, nothing stops you from making the same investment and opening it to the public (freedb, anyone?). This just stops you from riding the coattails of somebody else's hard work without their permission.
    • Sucking Noise (Score:4, Insightful)

      by nycsubway ( 79012 ) on Friday January 23, 2004 @04:40PM (#8070073) Homepage
      Hmm... I thought a heard large sucking noise. It seems my unalienable rights have just been sucked right out of me. It seems I'd have better civil liberties in Iraq.

      If anyone makes fun of your tinfoil hat, they are either afraid or stupid. I'm not sure what it was like for doubters in Germany in the 1930s except it was probably similar to whats happening to them now.

    • by shystershep ( 643874 ) * <.moc.liamg. .ta. .drehpehsdb.> on Friday January 23, 2004 @04:41PM (#8070086) Homepage Journal
      Two comments:
      First, in one sense this happened long ago (and makes this law even more stupid). LexisNexis and Westlaw, the two monster legal database companies, had a big lawsuit when they first started moving online because one (Lexis, I think) was copying the other's printed cases to build their online database. The way it came down, if I remember correctly, is that the material itself (e.g., the court's opinion) cannot be copyrighted, but the way it is presented can (such as the numbering system).

      Second, I don't think this will have any effect on public access to law. You may not realize it, but everyone of you almost definitely has access to a public law library -- either at the county courthouse, a local university, whatever (no guarantees as to its quality, but its there if you look). Even more relevant, though, is that most court opinions and state laws are available free online from your state goverment (try your state supreme court and legislature webpages), and the trend has been for more and more of this to be published on the web at the same time LexisNexis and Westlaw have grown. The reasons that people use the pay services are that you can find all of the information in one place, and they have sophisticated search tools to find what you are looking for. Local laws/ordinances are harder to find, but they should be available at that law library I mentioned.
      • by orthogonal ( 588627 ) on Friday January 23, 2004 @06:01PM (#8070921) Journal
        Second, I don't think this will have any effect on public access to law.

        Court decisions and statute law are public domain, by long established precedent reaching back to the US Supreme Court's findings in Wheaton v.
        Peters
        , 33 U.S. (8 Pet.) 591, 668 (1834) and Banks v. Manchester, 128 U.S. 244, 9 S.Ct. 36 (1888). Banks relied upon a decision of the Massachusetts Supreme Judicial Court, Nash v. Lathrop, 142 Mass. 29, 6 N.E. 559 (1886), which held that "justice requires that all should have free access to" both court decisions and statute law.

        Furthermore, the 1976 Copyright Act (at 17 U.S.C. 105) specifically denies copyright protection to federal statutes and regulation; the state basis of Banks implies that state and local laws are also not copyrightable, and this is upheld in Veeck v. Southern Building Code Congress International Inc., No. 99-40632.

        Indeed, as the Veeck decision reminds, "Justice Harlan, writing for the Sixth Circuit [in Howell v. Miller, 91 F. 129, 137 (6th Cir. 1898)]: 'any person desiring to publish the statutes of a state may use any copy of such statutes to be found in any printed book . . .'" (emphasis mine).
    • by pangian ( 703684 )
      Laws and documents produced by the United States Federal Government are considered in the public domain, however "many [U.S.] state government documents, and most documents from foreign governments, are protected by copyright." [cpsr.org]

      So technically some state and local governments can charge you for laws right now.
  • Stop it? (Score:5, Interesting)

    by Master Bait ( 115103 ) on Friday January 23, 2004 @04:20PM (#8069811) Homepage Journal
    Let's stop this one before it grows.

    Surely you jest. Remember what the guy said to Deckard in Blade Runner, "If you're not corporate, you're little people!"

    • Close--Bryant's exact quote was "you're not cop, you're little people!" Bryant was suggesting that he wasn't about to let Deckard simply walk out of his office--either Deckard took the job, or he'd have 'problems' with the law...
  • by stoolpigeon ( 454276 ) <bittercode@gmail> on Friday January 23, 2004 @04:21PM (#8069827) Homepage Journal
    Looking at the bill- it seems to me that it protects the actual collection effort not the data itself. If someone else wants to go out and collect the same information they can- they just can't steal your collection. I guess I'm missing why this is so bad.

    • There's a big difference to politicians between "what it says" and "how we can warp it". Patriot Act, harmless on paper, bad in effect, DMCA same thing
      • There's a big difference to politicians between "what it says" and "how we can warp it". Patriot Act, harmless on paper, bad in effect, DMCA same thing

        Since when are the Patriot Act and DMCA harmless on paper? They have been used exactly as they were written, and anyone who is surprised by this should have paid more attention to how they were written.

        On the other hand, here we have a bill that explicitly limits how it can be applied. As long as that clause doesn't get removed in negotiations, it's

    • by Polybius ( 743489 ) on Friday January 23, 2004 @04:25PM (#8069891)
      So do I have to cite my source every time I look up a phone # and write it down?!
    • If someone else wants to go out and collect the same information they can- they just can't steal your collection.

      They already can't steal your collection... because it's currently not illegal.

      You're proposing solving a problem that doesn't yet exist by creating the problem itself.

      • That sentence is thinking in terms of this bill being on the books. I know what you are saying and I understand your point- but just change it to copy instead of steal if the word bothers you.

        I honestly have trouble seeing why- if some party goes to great lengths to collect some information - why they should not have control of the results of that effort. If it doesn't take a lot of effort- then it wont have much value since others will just duplicate the effort- rather than its results. I don't see
    • by rsilvergun ( 571051 ) on Friday January 23, 2004 @04:38PM (#8070055)
      to the public in exchange for your copyright monopoly. Copyright is about give and take. We give you a limited monopoly and eventually take your copyrighted (plus have use of it for a reasonable fee in the mean time). A simple compilation of facts, while useful, isn't worthy of this protection.

      Also, this could be devastating to researches. Imagine writing a paper and facing a lawsuit over your use of facts. True, the facts aren't copyrighted, but at what point have you crossed the line from using and reporting on facts to compiling them? In any case this gives companies another tool to bludgeon poor people with ala DMCA.

      This is an appalling idea that's clearly meant to make a few people richer at the expense of everyone else.
    • by Razor Blades are Not ( 636247 ) on Friday January 23, 2004 @04:45PM (#8070137)
      Because it's not a work of literary merit.
      There are already laws governing direct theft (of information or anything else).

      Shoehorning this law into copyright blurs the whole purpose of copyright even more than it currently is.

      Copyright is about making copies of works that (judging by whatever standard) have some artistic merit. Protecting the author of an original work against people who would copy his work (or make a derivative thereof) and not give due credit.

      The idea that databases of readily available, pure facts are of artistic merit is insulting to the real artists whose works will eventually (we hope) enter the public domain and enrich our society as a whole.

      If they want a law to protect databases from theft, they already have "trade secrets" and so on.

      But that's not the issue. These databases are publicly available. The companies involved aren't protecting an artistic work, or a trade secret. They want to be able to enforce rigid restrictions on otherwise public knowledge, simply because they aggregated it and published it first.

    • by zurab ( 188064 ) on Friday January 23, 2004 @04:49PM (#8070162)
      Looking at the bill- it seems to me that it protects the actual collection effort not the data itself. If someone else wants to go out and collect the same information they can- they just can't steal your collection. I guess I'm missing why this is so bad.


      Not only can they take your most private information and sell it to anyone that will pay for it, now they can copyright your data too.

      I hereby declare that all my personal information is a "compilation database" about me and is copyright by myself alone; anyone using this information without my express written consent will be labeled as a "thief" stealing my intellectual property and will be sued for copyright infringement.

      The world has gone nuts!
  • by jhagler ( 102984 ) on Friday January 23, 2004 @04:22PM (#8069840)
    What's up with the Judiciary committees? The Senate one just passed a bill (S1177) which prohibits the sale of cigars via mail-order.

    There's a lot of internet cigar shops stressing about that one.
  • Ok, so let's do it! (Score:5, Interesting)

    by Bad Boy Marty ( 15944 ) on Friday January 23, 2004 @04:22PM (#8069847) Homepage
    I say we should each start a database of whatever "facts" we have available to us (that aren't already copyrighted, of course), and assign the copyrights to FSF or EFF for open distribution!
  • How long till... (Score:3, Interesting)

    by mikeophile ( 647318 ) on Friday January 23, 2004 @04:23PM (#8069852)
    The Patent database is copyrighted?
  • by mengel ( 13619 ) <mengel@noSpAM.users.sourceforge.net> on Friday January 23, 2004 @04:23PM (#8069854) Homepage Journal
    Rather than stop it let's get in on the ground floor -- we'll start a company, (or better yet buy up an existing one that's going out of business) build a big database of names, snail-mail addresses, e-mail addresses, and telephone numbers; copyright the database and then we can sue all kinds of folks:
    • Phone companies
    • Online businesses
    • spammers
    • The IRS
    for having illegally copied versions and/or deriviative works of our database.

    We'll sell lots of stock at inflated prices, then sell it all just before we lose the court cases.

    I mean, if it worked for SCO...

  • by glinden ( 56181 ) * on Friday January 23, 2004 @04:23PM (#8069855) Homepage Journal
    A broad definition of "database"
    • (5) DATABASE
      (A) IN GENERAL- Subject to subparagraph (B), the term `database' means a collection of a large number of discrete items of information produced for the purpose of bringing such discrete items of information together in one place or through one source so that persons may access them.
    combined with their definition of a prohibited action (making "available in commerce to others a quantitatively substantial part of the information in a database" is prohibited without consent) would seem to make it possible to sue for almost any use of any information without consent. At least, any information that can be decomposed into a small number of parts in some way or another.

    I wonder if we'll see SCO-like attempts to quickly produce as many databases of as many facts as possible. Anyone using any facts whatsoever could be extorted for license fees or subject to lawsuits by rabid hordes of attorneys.
    • IANAL, so I am trying to figure out from the bill without getting a headache... but I think that what is covered is really the database in whole (or at least large portions).

      Individual items such as terms, etc, would not be copyrightable. Otherwise all you'd really need is a DB with millions of buzzwords etc to start the legal barrage.

      I worry about randomly generated databases though. Say somebody put together a collection of words etc, programmed rhyme rules, and schemes/word-matches, then had it gener
      • Then that means the underlying data structures which organize the data is copyright instead of the data itself. and if implemented in a computer, that means the state of the machine which the database lives on is copyrighted. rediculous. that, or in the case of a relational database, the relationships are copyright. which again is rediculous.

        everything about this bill is rediculous. its all covered in some form by other laws, i bet.

        i motion to disolve congress
    • I wonder if we'll see SCO-like attempts to quickly produce as many databases of as many facts as possible. Anyone using any facts whatsoever could be extorted for license fees or subject to lawsuits by rabid hordes of attorneys.

      The bill is for copyright-like protections, not patent-like protections. The scenario you described above is more like a patented database situation - where the facts are protected regardless of their use (much as patents apply to alternate implementations of the same idea). C

  • by JessLeah ( 625838 ) on Friday January 23, 2004 @04:23PM (#8069860)
    ...ANOTHER sort of "Intellectual(R) Property(TM)". This is getting ridiculous. I'm beginning to wonder if it will ever reach a point where Joe Beer and his wife Martha will wake up, take their head out of their Bibles and their AOL chat rooms, and start to give a damn about any of this corporate power grabbing...
  • So... (Score:5, Interesting)

    by Spytap ( 143526 ) on Friday January 23, 2004 @04:24PM (#8069868)
    So if Information and conglomeration are now copyrightable as intellectual property, can I copyright my DNA and fingerprints and sue anyone who tries to get a sample of either for copyright infringement and illegal tampering of my own personal database?
    Considering that I can fully claim myself as owner/manager of said conglomeration of information (being that I'm over 18), I think I can classify myself as a database, and all the information therein...
    • Re:So... (Score:2, Funny)

      by beattie ( 594287 )
      Better yet, copyright your body and, if you have blue eyes, sue anyone else with blue eyes for copyright infringement.
  • by El ( 94934 ) on Friday January 23, 2004 @04:24PM (#8069870)
    If I make a copy of a 1,000,000 entry database, then change one of the entries, is it still infringing? How does one distinguish a list of facts from another list of facts compiled independently? Should I be rushing out to apply for a copyright on my list of the capitals of the 50 states? If I create a database with all the elements in it, can I sue anybody who publishes a periodic table?
    • This is why I don't think it is such a big deal but maybe I'm just really naive.

      How do you distinguish a list from a copy? And would not the burden of proof be on the accuser? Don't they need to provide some mechanism for making the case that it was 'their' data that was 'stolen'?

      Sure you could copyright your database of the periodic table. But I can just go to the source you used- or some other source and make my own table database without using your data.

      I'm not the smartest guy- so I really am look
      • Read The _____ Bill (Score:2, Informative)

        by tepples ( 727027 )

        Read the _____ bill [loc.gov]. There seems to be a pretty high burden of proof, the republication must be "quantitatively substantial," and the information must be "time sensitive," having "temporal value."

      • Use a Copyright Trap (Score:3, Informative)

        by cmcguffin ( 156798 )
        > How do you distinguish a list from a copy? And would not the burden of proof be on the accuser? Don't they need to provide some mechanism for making the case that it was 'their' data that was 'stolen'?

        You would presumably place a copyright trap [wordspy.com] in your database.

        Map makers, form companies, and the like are known to insert intentional [straightdope.com] errors [eeggs.com] in their maps in order to prevent somebody who has copied their information from claiming that the information was gathered independently.

    • The big database makers will probably include a random selection of fake entries in their databses. If your database is caught with copies of these faked entries, it proves that you did not compile the data yourself.

      As far as safe level of copying of someone elses data, the original owner probably only needs to prove that they were somehow harmed by your copy, or that you took too much of their info, or that what you took constitutes too large a fraction of your work. And if you made any money on the c
    • If I make a copy of a 1,000,000 entry database, then change one of the entries, is it still infringing?

      If you applied current copyright case law to the question, that would be considered a "derivative work", which is an infringement.

      The easiest way for the "owner" of a database to prove that you "stole" it from him would be to borrow a trick from cartographers. They'll sometimes include a fictitious town or a deliberate irregularity in the shape of a lake or something of that sort, so that if that sam

  • Profit! (Score:5, Funny)

    by SHEENmaster ( 581283 ) <travis&utk,edu> on Friday January 23, 2004 @04:24PM (#8069872) Homepage Journal
    I just sent in a copyright request for all the terms associated with Geometry. Now that heretical balsphemy will all fund my pocket, and be subject to my rule!

    Pi is exactly 3! It'll be illegal for you to say otherwise.
  • ACM Policy Position (Score:4, Informative)

    by Squeamish Ossifrage ( 3451 ) * on Friday January 23, 2004 @04:24PM (#8069880) Homepage Journal
    The ACM is currently surveying its members on whether or not to oppose this and similar measures. If you're a member, you've probably already gotten e-mail. Be sure to follow up on it if this issue is important to you!

    The current policy committee positions are viewable on the ACM web site [acm.org].
  • Um, no. (Score:5, Insightful)

    by c0dedude ( 587568 ) on Friday January 23, 2004 @04:25PM (#8069886)
    This is the equivilant, IMHO, of passing bills making abortion illegal. Phone books and compilations are not copyrightable, says the Supreme Court. Feist v. Rural Telecom [findlaw.com]. Congress cannot change this and prescient would take priority here, the law would be immediatly challenged and overturned if it directly contradicts Feist. IANAL, but this is my read on it.
    • To expand on some of the other responses, Congress can make almost any law based on its Constituionally granted powers, but they cannot overturn the Supreme Court's interpretation of the Constitution. This law is an answer to Feist, not an attempt to change it -- without knowing all of the details I would be willing to bet that this is based on congress's authority to regulate interstate commerce, not copyright. If it were copyright, the Supreme Court could indeed tell them to pound sand.
    • Re:Um, no. (Score:2, Insightful)

      by hchaos ( 683337 )

      This is the equivilant, IMHO, of passing bills making abortion illegal. Phone books and compilations are not copyrightable, says the Supreme Court. Feist v. Rural Telecom. Congress cannot change this and prescient would take priority here, the law would be immediatly challenged and overturned if it directly contradicts Feist. IANAL, but this is my read on it.

      This would be true if the case were decided solely on the basis of Constitutionality, but it wasn't. If you read the decision, you will see that t

    • by nudicle ( 652327 ) on Friday January 23, 2004 @05:10PM (#8070390)
      I said this in an earlier post, but if parent is going to be +5 Insightful, I'll repeat it here:

      Feist absolutely does not say that compilations of facts are not copyrightable.

      I promise. Go and read it. Feist says a couple things. For purposes of this thread it says that the white pages does not have a sufficient level of originality or creativity to rise to copyrightable level. The originality or creativity spoken of for factual compilations would be in their selection, coordination, or arrangement.

      From the headnotes in the link you provided:

      A compilation is not copyrightable per se, but is copyrightable only if its facts have been "selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship." 101 (emphasis added). Thus, the statute envisions that some ways of selecting, coordinating, and arranging data are not sufficiently original to trigger copyright protection. Even a compilation that is copyrightable receives only limited protection, for the copyright does not extend to facts contained in the compilation.

      Compilations of facts are copyrightable if they attain a certain threshold of originality in their arrangement. If a compilation reaches this level and attains copyright, however, the facts themselves are not copyrighted.

      I haven't read the new bill linked to in the original post and have no comment on how it treats protection of facts... the point of this post is just to point out a misunderstanding of what Feist stands for.

  • I'm for this one, actually. I will find and copyright every SPAM database I can find, and AGGRESSIVELY pursue violations of my IP.

    Hell, some trustworthy 3rd party could create a private "do-not spam" database, and if you recieve a spam, you could go after the sender for copyright violation. ;-)
  • by DVDAshot ( 723971 ) on Friday January 23, 2004 @04:26PM (#8069900)
    I call shenannigans on this whole idea. I have already copyrighted the entire alphabet to include the formation of letters in a certain sequence to create what I call "words (c)." Therefore any database would violate my standing copyright. Use of any of the letters without express written consent is strictly prohibited.
  • by Dave21212 ( 256924 ) <dav@spamcop.net> on Friday January 23, 2004 @04:27PM (#8069922) Homepage Journal

    Um, this bill has been on the table for quite a while now. (see also [eff.org])

    The time for action is when these bills are on the table. Granted, if AT&T can't budge the rats that passed this abhoration, what chance do you have... Write (hand written) letters to your representatives [house.gov] and vote your conscience this November !
  • by bartash ( 93498 ) on Friday January 23, 2004 @04:27PM (#8069923)
    TV lisstings are a sort of DB no? So you cna't copy those.

    Sports statistics? Nope, don't try copying those either.
  • Exactly what is the "intellectual" part in a database being IP? This is like patenting genes, it's meant to protect the data-collection effort, at the expense of giving ownership to someone who just grabbed what was in the public domain.


    Expect anything from this. How about copyrighting a database consisting of the digits of PI, for instance? Then math.h would still be illegal after Darl goes to jail...

  • by nudicle ( 652327 ) on Friday January 23, 2004 @04:29PM (#8069946)
    Currently mere compilations of facts, such as phone books, are not copyrightable.

    That's not true. The Supreme Court decision that all this stuff comes from is known as Feist. Feist ruled, basically, that the white pages is not copyrightable because there was absolutely no creativity or originality in listing : last name, first name, address, phone number.

    If, however, you took a bunch of mere facts and arranged them in an innovative and creative way you very well might be able to get copyright protection for the compilation. the white pates isn't copytightable, but some other collections of mere facts certainly are. The copyright would cover the compilation, however, and not the facts themselves.

  • The EFF might have a model letter up soon. I really think writing to your representatives is key. There is still a vestige of citizens' power left if enough of us do this. If we don't use what's left of that power NOW, we might never have it again.
  • The company I work for is an ASP that hosts large Domino based databases for our clients. Does this mean we now need to get the copywrite holders (our clients) to give us permission to back up their data? Otherwise wouldn't doing so be a copywrite violation?
  • Amazon's Opposition? (Score:5, Interesting)

    by FJCsar ( 185003 ) on Friday January 23, 2004 @04:38PM (#8070046)
    It's kind of interesting that Amazon is among the companies that are opposing this bill. How many programs currently take data from their database and funnel it for alternate uses (i.e. Readerware [readerware.com])?
  • by WebCowboy ( 196209 ) on Friday January 23, 2004 @04:40PM (#8070066)
    Everyone knows our society is increasingly information driven and information dependent," bill sponsor Howard Coble (R-NC) said in a statement. "We rely on accurate, timely information to make many of the decisions we must reach in a day, an hour, or a minute, and increasingly, this information comes from electronic databases."

    "Without the minimal protection afforded by this legislation, we run the risk that new databases will not be created and made available to the public, thereby depriving the public of one more information source."


    Maybe "depriving the public of one more information source" would be a GOOD think...in this day and age info is next to worthless because supply far exceeds demand and the quality of most is utter crap.

    I for one, would be HAPPY to be deprived of one more spammer's email database, telemarketer's call list or direct-marketer's snail-mail database...

    This bill is so wrong headed...these database operators seem to think they're entitled to owning the info they store in their systems. For the most part IT'S NOT THEIRS TO OWN...you can't own the fact that the clear daytime sky is blue. You can't own my vital statistics, or my street address. You have no right to and you never should because you didn't create those facts and they were never sold to you. All you did is set up a computer to store the facts and programs to sort, retrieve and utilise them. Current law protects that already and you deserve no further protection.
  • by Anita Coney ( 648748 ) on Friday January 23, 2004 @04:40PM (#8070076) Homepage
    I'll call it: The Lets Give the Entire World to Corporate America Act! Let's face it, the way we're heading, it's only a matter of time.

  • RMS was right!? (Score:4, Interesting)

    by General Newcomb ( 743341 ) on Friday January 23, 2004 @04:43PM (#8070107)
    I just watched Revolution OS last night. In the film , Richard Stallman mentions this very threat. I didn't believe it could be done. It seemed too outlandish, but, it looks like it may become a reality.
  • Simple solution:

    File a copyright registration of your
    name, address, phone number, any other information.

    Sue any buisness that contacts you for violation of your copyright information.
  • by pla ( 258480 ) on Friday January 23, 2004 @04:56PM (#8070237) Journal
    I think people have missed a possible use of this that benefits the public, and the very reason why companies like AT&T oppose this bill...

    This would make it legal to copyright collections of personal data. Copyright protections also extend to derivative works of existing copyrighted material (which in this case means subsets and/or the addition of other information).

    How does this benefit the average Joe? Simple. Take every bit of personal information you can think of, stick it into a database, and file for a copyright on it. Poof, you've just made every company out there trying to gather data on you guilty of a copyright violation for which you can sue them (and theoretically win, if the courts don't consider this as yet another law that only benefits corporations). And, as a bonus, the courts take copyright violations for monetary gain FAR more seriously than just coincidental violations, so companies selling your (copyrighted) personal information between each other commit an even more serious offense.

    Sweet. Consider this my notification to the world that I have just compiled such a collection, and consider it copyrighted.
    • by Abcd1234 ( 188840 ) on Friday January 23, 2004 @05:18PM (#8070489) Homepage
      Or, conversely, all those companies out there that have *your* personal information in *their* database can now claim copyright on information about *you*!
    • Y'know, sometimes the general lack of knowledge about and understanding of priciples of copyright law on Slashdot makes me irritable and upset. This is one of them.

      Take every bit of personal information you can think of, stick it into a database, and file for a copyright on it. Poof, you've just made every company out there trying to gather data on you guilty of a copyright violation for which you can sue them

      Simply replicating a piece of information does not constitute a copyright violation. You have
  • by kfogel ( 1041 ) on Friday January 23, 2004 @04:57PM (#8070253) Homepage
    Nothing new here :-(.

    Copyright law has been extending its domain since its inception. This process has been driven by corporate interests -- not, as the RIAA would have you believe, by creators and artists trying to "protect their rights".

    If, even after the RIAA lawsuits and now this, you still think that copyright is basically a socially good idea that just gets taken too far sometimes, please see

    http://www.red-bean.com/kfogel/writings/copyright. html [red-bean.com]

    for a possibly eye-opening history (and a blueprint for change).

    Best,
    -Karl
  • by rock_climbing_guy ( 630276 ) on Friday January 23, 2004 @05:31PM (#8070639) Journal
    is that Amazon.com is opposing the bill. It's great to see that Amazon.com is continuing their stellar practice of vigilantly opposing intellectual property abuse.
  • by An Anonymous Hero ( 443895 ) on Friday January 23, 2004 @05:37PM (#8070694)

    Elsevier: Mr. Russell, I sue you for quoting my copyrighted database.

    B. Russell: Oh, I see, you claim to be the copyright holder. Do you have proof?

    Elsevier: Easy. Here is the relevant quote from the U.S. copyright registry...

    B. Russell: Gotcha! You can't do that! :-)

  • by dameron ( 307970 ) on Friday January 23, 2004 @05:42PM (#8070754)
    Sounds like this would make it possible for a retailer to copyright the information contained in weekly flyers and prohibit places like fatwallet.com from listing them.

    This could have a possibly monstrous effect on online comparison shopping. Things like www.froogle.com become impossible as retailers begin copyrighting their inventory and price databases.

    -dameron
  • Prior Art? (Score:3, Interesting)

    by bigattichouse ( 527527 ) on Friday January 23, 2004 @08:28PM (#8072097) Homepage
    So, this means we should go around modeling anything and everything now, before the law passes.. so we can have prior art?

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