At 04:44 AM 11/22/96 GMT, you wrote:
Real-To: "Richard L. Field"
Should a database protection law such as HT 3531 be enacted in the U.S., it just may turn out to be the best weapon yet for the protection of personal data. Why shouldn't a "database" be interpreted to include an individual's personal data? All that is required is that it be "arranged in a systematic or methodical way". Heck, that's not so hard. And a "database maker" isn't necessarily Lexis (the compiler of P-TRAK) and friends, it is each individual who originally made a "substantive" (i.e., lifetime) investment in the collection of the contents of his personal database.
Cute, but any such proposal is almost guaranteed to allow for independent creation from a non-database source - e.g., warranty cards, info extracted from you when you ask for credit, public records, etc. For example, one comment to Article 3 of the proposed WIPO treaty on sui generis protection of databases provides: "3.02 The protection provided does not preclude any person from independently collecting, assembling or compiling works, data or materials from any source other than a protected database." (see http://www.loc.gov/copyright/wipo6.html for more.) It's very unlikely that Congress (or the PTO) intends to do anything that'll screw up what's already working well for big database publishers. Your theory is similar to a patent flavor for databases, while the proposals floated out so far are much more like copyright - e.g., independent creation is OK, but copying is not, even with wide public distribution, and long protection times. With patent, independent creation is not OK, copying (the information, not the device) is encouraged/allowed, and protection time is short. [Friday, 11/22, is the deadline to submit comments to the PTO asking them to withdraw consideration of the WIPO database treaty from the conference in Geneva. (Or encouraging them to submit it, if that's your opinion.) Comments can be sent to Mr. Keith Kupferschmid at diploconf@uspto.gov.) -- Greg Broiles | US crypto export control policy in a nutshell: gbroiles@netbox.com | http://www.io.com/~gbroiles | Export jobs, not crypto. |