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COMMUNET Home

COMMUNET Home

COMMUNET  September 1998, Week 5

COMMUNET September 1998, Week 5

Subject:

database copyright swinging hard in favor of business

From:

Curt Priest <[log in to unmask]>

Reply-To:

Community and Civic Network discussion list <[log in to unmask]>

Date:

Wed, 30 Sep 1998 09:02:10 EDT

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (306 lines)

---------- Forwarded message ----------
Date: Tue, 29 Sep 1998 16:27:41 -0700
From: Alexander Fowler <[log in to unmask]>
Subject: Broad Coalition Opposes Database Protection Bill

FOR IMMEDIATE RELEASE -- September 29, 1998


<center>Congress Poised to Turn Back 200+ Years of

Intellectual Property Law for Databases


Broad Private and Public Sector Coalition Rallies

Behind FTC Letter to Congress Raising Serious Flaws in Bill

</center>

Washington, DC -- The Federal Trade Commission sent Congress a letter
today outlining several serious flaws in a legislative attempt to
create new intellectual property protections for databases.  An
unprecedented private and public sector coalition immediately rallied
behind the letter, which follows similar communications from the
Departments of Commerce and Justice, and called on Congress to defer
consideration of the "Collections of Information Anti-Piracy Act," to
the next session when necessary hearings could be scheduled.


"No entirely new intellectual property regime should be created without
thorough vetting by all affected parties, least of all one opposed by
many of the very businesses for whose benefit it was supposedly
offered," said Jean Cantrell of Dun & Bradstreet.


The bill, which would overturn 200+ years of Copyright law without the
benefit of even a single Senate hearing, creates a new form of
intellectual property for databases that was tacked onto the Digital
Millennium Copyright Act (DMCA) in the House of Representatives hours
before passage.  The Senate passed a much different form of the DMCA,
which did not include database protection.  A conference committee has
begun meetings to reconcile the two versions.


The bill would impact myriad databases, ranging from a list of 100
chemical compounds in an experimental drug or the 5,000 brightest stars
in the galaxy to a new Web-based collection of publicly-available stock
quotes.  However, rather than protect the creative organization or
selection of the information, as copyright law does, this new right
would, in effect, allow control of the facts themselves.


"This would put simple facts under potential lock and key for the first
time in our history," said Adam Eisgrau of the American Library
Association.  "This 'sea change' in American intellectual property law
will have been made despite the principled opposition of a 'Who's Who'
in the public and private sectors and without benefit of a single
minute of formal scrutiny by the Senate," he added.


"The database bill will undermine our much-hailed 'information
economy,'" said Jonathan Band, representing the Online Banking
Association.  "This bill will overprotect information and chill
creation of innovative products and services.  Many exciting new
Internet endeavors involve fact-based information services.  These
companies and individuals draw information from many sources,
reorganize it, combine it with other information and offer valuable new
products and services to online consumers.  Under the proposed bill,
such activities could trigger liability."


"In the end it is the individual investors who will be hurt," concluded
Frank Kelly of Charles Schwab, Inc. in echoing concerns held by
industry representatives about the monopoly power this new right would
confer, particularly for industries based upon a sole-source provider
of information.  Brokerage houses already experiencing price increases
for access to stock quote information worry that the stock exchanges
could considerably hike prices.  This point was also emphasized in the
FTC letter to Congress today.


"The FTC largely got it right," added Alex Fowler of the Electronic
Frontier Foundation.  "If we're to successfully deal with online piracy
of databases, it must not happen at the expense of what made the
Internet possible in the first place, namely Internet users building an
open platform for accessing, collecting, and linking together bits of
information."


The education and research communities will be perhaps the first to
feel the affects of this new legislation.  "We worry that the costs of
time and money this bill triggers will hinder science and research,
delay some projects and possibly kill others.  The advancement of
knowledge depends on a researcher's ability to access and utilize
data," said Mark Frankel, Director of the Scientific Freedom,
Responsibility and Law Program of the American Association for the
Advancement of Science.


The coalition called for the House and Senate conferees to remove the
database bill from the Digital Millennium Copyright Act.  "The database
bill has nothing to do with implementing the World Intellectual
Property Organization treaties and should not be part of this bill,"
said Prue Adler, of the Association of Research Libraries.  "We can
achieve a workable and balanced compromise on database protection if
Congress makes time for all interested parties to engage in serious
discussions."


The broad spectrum of groups that oppose the database bill include
Internet companies, research scientists, value-added database
providers, librarians, consumer groups,  educators, online brokerage
and banking firms, free speech organizations, telecommunications
companies and computer manufacturers.  "These organizations and the
people and industries they represent all recognize the value of public
access to knowledge and information," noted Peter Jaszi, American
University Law Professor.


Among the groups which have communicated concerns about the database
legislation to Congress are:


Amdahl Corporation

American Association for the Advancement of Science

American Association of Law Libraries

American Association of Legal Publishers

American Committee for Interoperable Systems

American Historical Association

American Library Association

Art Libraries Society of North America

Association of American Geographers

Association of Research Libraries

AT&T

Ball Research, Inc.

Bell Atlantic

Bloomberg Financial Markets

Charles Schwab &  Co., Inc.

Chief Officers of State Library Associations

College Art Association

Commercial Internet eXchange Association

Computer & Communications Industry Associations

Conference on College Composition and Communication

Consortium of Social Science Associations

Consortium for School Networking

Consumer Project for Technology

Digital Future Coalition

Dun & Bradstreet

Electronic Frontier Foundation

Emerging Communications, Inc.

Hyperlaw, Inc.

Information Technology Association of America

International Society for Technology in Education

MCI WorldCom, Inc.

Medical Library Association

Modern Language Association

Music Library Association

National Association of Elementary School Principals

National Council of Teachers of English

National Education Association

National Humanities Alliance

National Writers Union

NetAction

Online Banking Association

Practice Management Information Corporation

Society of American Archivists

Special Libraries Association

Storage Technology Corporation

Sun Microsystems

United States Catholic Conference

Yahoo!, Inc.



CONTACT INFORMATION


Adam Eisgrau, American Library Association, (202) 628-8410,

  E-mail <<[log in to unmask]>

Marc Pearl, Information Technology Association of America, (703)
284-5351,

  E-mail <<[log in to unmask]>

Prue Adler, Association of Research Libraries, (202) 296-2296,

  E-mail <<[log in to unmask]>

Jonathan Band, Online Banking Association, (202) 887-1555,

  E-mail <<[log in to unmask]>

Alex Fowler, Electronic Frontier Foundation, (415) 436-9333,

  E-mail <<[log in to unmask]>



LINKS TO FURTHER INFORMATION


Letter from Federal Trade Commission to Congress, September 28, 1998

  (Not on the Web, yet...check http://www.ftc.gov)


Letter to the Senate from 47 Companies and Organizations that Oppose
the Collections of Information Antipiracy Act, September 10, 1998

  http://www.dfc.org/issues/database/jntltr/jntltr.html


Letter from Department of Commerce to Senate, August 4, 1998

  http://www.itaa.org/dbadmin.htm


Letter from Department of Justice to Clinton Administration, July 28,
1998

  http://www.acm.org/usacm/copyright/doj-hr2652-memo.html


Also check...


The Digital Future Coalition

  http://www.dfc.org




~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

  Alexander Fowler

  Director of Public Affairs

  Electronic Frontier Foundation


  E-mail: [log in to unmask]

  Tel: 415 436 9333; Fax 415 436 9993


  You can find EFF on the Web at <<http://www.eff.org>


  EFF supports the Global Internet Liberty Campaign

  <<http://www.gilc.org>


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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