. "11 An Unfair Competition Model for Protecting Databases." Proceedings of the Workshop on Promoting Access to Scientific and Technical Data for the Public Interest: An Assessment of Policy Options. Washington, DC: The National Academies Press, 1999.
The following HTML text is provided to enhance online
readability. Many aspects of typography translate only awkwardly to HTML.
Please use the page image
as the authoritative form to ensure accuracy.
PROCEEDINGS OF THE WORKSHOP ON PROMOTING ACCESS TO SCIENTIFIC AND TECHNICAL DATA FOR THE PUBLIC INTEREST: AN ASSESSMENT OF POLICY OPTIONS
PARTICIPANT: In Dr. Overton's example, he is going to sell a directory of first names associated by geographic location.
PARTICIPANT: Was that really his question? Was Chris Overton then going to market your analysis or—
DR. OVERTON: Let us suppose I did. I am a scientist. So pretend I am going to market this analysis. I am going to do something that is not what the database was intended to be used for. I have come up with some completely new use for this database, but it depends on my having access to all of the data in order to do that.
PARTICIPANT: I think the argument could be under the Coble bill that those are potential markets, and they could argue that a potential market includes our licensing it for bizarre uses. I am exaggerating, but the argument is certainly the market potential for licensing the product for other uses. That is a potential market.
PARTICIPANT: And I think the word “potential” in itself is somewhat circular. I agree. However, in the legislation there have been attempts to cabin it in such a way that there are elements of custom such that if this is something that this company normally does or that is normally done in the industry, it is reasonable to expect that they would go into this area; then yes, you have a problem. You may well have a problem.
MR. PERLMAN: I think this conversation could probably go on forever and be continually interesting and nuanced. On behalf of the NRC study committee, I want to thank all of you for participating in this session. It has been helpful, and I think many of us who have to work on a set of recommendations are going to be enlightened by this conversation.