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The Role of Scientific and Technical Data and Information in the Public Domain: Proceedings of a Symposium (2003)
Board on International Scientific Organizations (BISO)

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. "Session 1: The Role, Value, and Limits of Scientific and Technical (S&T) Data and Information in the Public Domain - 1. Discussion Framework." The Role of Scientific and Technical Data and Information in the Public Domain: Proceedings of a Symposium. Washington, DC: The National Academies Press, 2003.

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The picture that we paint of “big” and “small” science, and of the formal and informal zones of data exchange is, of course, overstated to clarify the basic concepts. The big science system is not free of individual strategic behavior that is typical of the small sciences, and the latter often benefit from access to public repositories where data are freely and openly available, rather than through the ad hoc transactional process. However, the “brokered networks” typical of small science are endemic to all sciences, and access to data is everywhere becoming more dependent on negotiated transacting between private stakeholders.

For the purposes of this symposium, we have chosen big science geophysical and environmental research that uses large observational facilities and small science biomedical experimental research that involves individual or small independent teams of investigators as emblematic of these two types of research and related cultures. We use them to provide real-world examples of the opportunities and challenges now inherent in the role of scientific and technical data and information in the public domain.

THE IMPETUS FOR THIS SYMPOSIUM

Although the scope and role of public-domain data and information are well established in our system of research and innovation, for reasons that subsequent speakers in this symposium will elaborate, there is another trend that is currently under way, which may be characterized as the progressive privatization and commercialization of scientific data and by the attendant pressures to hoard and trade them like other private commodities. This trend is being fueled by the creation of new legal rights and protectionist mechanisms largely from outside the scientific enterprise, but increasingly adopted by it. These new rights and mechanisms include greatly enhanced copyright protection in digital information, the ways in which access to and use of digital data are being contractually restricted and technologically enforced, and the adoption of unprecedented intellectual property rights in collections of data as such.

This countervailing trend is based on perceived economic opportunities for the private exploitation of new data resources and on a legal response to some loss of control over certain proprietary information products in the digital environment. At the same time, it is disrupting the normative customs and foundation of science, especially the traditional cooperative and sharing ethos, and producing both the pressures and the means to enclose the scientific commons and to greatly reduce the scope of data and information in the public domain.

Viewed dispassionately, the need to appropriately reconcile these two competing interests in a socially productive framework is imperative and the goal of such a reconciliation seems clear. A positive outcome would maximize the potential of private investment in data collection and in the creation of new information and knowledge, while preserving the needs of public research for continued access to and unfettered use of data and other public-domain inputs. These pressures, their potential impact on science, and the potential means for reconciling them in a win-win approach are the subjects of the next three sessions, respectively, of this symposium.

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Front Matter (R1-R12)
Session 1: The Role, Value, and Limits of Scientific and Technical (S&T) Data and Information in the Public Domain - 1. Discussion Framework (1-9)
2. The Genius of Intellectual Property and the Need for the Public Domain (10-14)
3. Intellectual Property - When Is It the Best Incentive Mechanism for S&T Data and Information? (15-18)
4. The Economic Logic of “Open Science” and the Balance between Private Property Rights and the Public Domain in Scientific Data and Information: A Primer (19-34)
5. Scientific Knowledge as a Global Public Good: Contributions to Innovation and the Economy (35-51)
6. Opportunities for Commercial Exploitation of Networked Science and Technology Public-Domain Information Resources (52-55)
7. Education (56-59)
8. Earth and Environmental Sciences (60-64)
9. Biomedical Research (65-70)
Session 2: Pressures on the Public Domain - 10. Discussion Framework (71-86)
11. The Urge to Commercialize: Interactions Between Public and Private Research and Development (87-94)
12. Legal Pressures in Intellectual Property Law (95-98)
13. Legal Pressures on the Public Domain: Licensing Practices (99-103)
14. Legal Pressures in National Security Restrictions (104-108)
15. The Challenge of Digital Rights Management Technologies (109-116)
Session 3: Potential Effects of a Diminishing Public Domain - 16. Discussion Framework (117-124)
17. Fundamental Research and Education (125-128)
18. Conflicting International Public Sector Information Policies and their Effects on the Public Domain and the Economy (129-132)
19. Potential Effects of a Diminishing Public Domain in Biomedical Research Data (133-138)
Session 4: Responses by the Research and Education Communities in Preserving the Public Domain and Promoting Open Access - 20. Discussion Framework (139-160)
21. Strengthening Public-Domain Mechanisms in the Federal Government: A Perspective From Biological and Environmental Research (161-164)
22. Academics as a Natural Haven for Open Science and Public-Domain Resources: How Far Can We Stray? (165-168)
23. New Legal Approaches in the Private Sector (169-174)
24. Designing Public-Private Transactions in the Private Sector (175-179)
25. Emerging Models for Maintaining Scientific Data in the Public Domain (180-186)
26. The Role of the Research University in Strengthening the Intellectual Commons: the OpenCourseWare and DSpace Initiatives at Massachusetts Institute of Technology (187-190)
27. Corporate Donations of Geophysical Data (191-193)
28. The Single Nucleotide Polymorphism Consortium (194-197)
29. Closing Remarks (198-200)
Appendix A: Final Symposium Agenda (201-205)
Appendix B: Biographical Information on Speakers and Steering Committee Members (206-214)
Appendix C: Symposium Attendees (215-224)
Appendix D: Acronyms and Initialisms (225-226)