Delivered-To: dfarber+@xxxxxxxxxxxxxxxxxx
Date: Mon, 22 Sep 2003 14:56:50 -0400
From: Jeff Grove <jeff_grove@xxxxxxx>
Greetings USACM-EC:
Two House Committees will jointly hold a hearing tomorrow (Tuesday at 4 pm)
regarding the issues associated with Database protection. A draft bill has
been circulated that has been roundly criticized by the National Academy of
Sciences, the various libraries associations, the higher-ed community and
the U.S. Chamber of Commerce for being too broad and onerous. Below is a
small sampling of some of the problems:
*The bill could create perpetual ownership rights in a wide variety of data.
*A minimal amount of harm (even one lost sale) -- could trigger liability.
*The draft does not contain a transformative use exception.
*By failing to address the problem of sole source databases, the bill
increases monopolists' control over competitive use of information.
*The bill applies retroactively to databases already in existence.
*The exception for educational, scientific, and research institutions
applies only if the institutions are nonprofit and their "making available"
is for nonprofit purposes. This would discourage joint research and
development activities between nonprofit institutions and
corporations. Moreover, it is possible that a university's sale of a
database would consider a making available for purpose of profit. In any
event, this exception can be overridden by a shrink-wrap or click-on license.
ACM Fellow Bill Wulf will be testifying at the hearing on behalf of the
Academies, the American Libraries Association and the American Association
of Universities. His draft testimony is attached as a pdf (if someone
would rather have it as a word attachment, just let me know). If USACM
were interested in adding its endorsement to his statement, it is possible
that the hearing record could reflect such an action. In particular, it
would be ideal if USACM were to endorse the seven key principles identified
in his testimony.
Since Congressional staff has asked for the comments of all stakeholders,
it is my opinion that we are operating within our mission by responding to
a request rather than trying to directly influence legislation.
Please let me know if you are in favor of USACM adding its endorsement to
Bill Wulf's statement (at your earliest convenience). I apologize for the
late notice, but the draft statement only became available a few minutes ago.
Thanks for your interest and assistance.
Regards,
Jeff Grove
ACM Policy Director