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Proceedings of the Workshop on Promoting Access to Scientific and Technical Data for the Public Interest An Assessment of Policy Options (1999) / Chapter Skim
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14 Final Plenary Discussion
Pages 307-313

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From page 307...
... ~ was a little bit uncertain and a little disappointed about the transformative-use discussion, given the findings that ~ thought came out of the discussion this morning that were new to me and rich with significance. including the movement toward "7 ~ , ~ ~ · , , ~ ~ · r ,' a, ~ ,' ~ ~ · ~ ~ ~ ,, · 1~' 1 machine-automated searching ot other databases, the need to mine data, and the 1ncrecllole serendipities that were coming out even in the private sector, especially in biotechnology, from doing these kinds of data operations.
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From page 308...
... There is a problem with government data when they go into the private sector, where they may be lost often because the government itself doesn't retain further copies of them and they are only available in the private firm's value-added format. One of the things we were toying with during the Senate Judiciary Committee negotiations last summer was a provision that WOU1O require maintenance on a coal-recovery basis of the original data set for scientific and educational purposes in case the data were not available anywhere.
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From page 309...
... MR. JASZI: ~ think that one of the great advantages of today's session in helping clarify this debate is the opposition that was developed in the formulation of the panels in the two models of database protection legislation; one session focused on the strong property rights model, and the other on the unfair competition model.
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From page 310...
... DR. SERAFIN: This particular National Research Council committee and this particular workshop are focusing on the scientific and technical community's access to data.
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From page 311...
... In the strong property rights model-which in my opinion incorporates both the European sui generis approach and the approach of H.R. 2652 the functional focus of protection is the fact or facts as such.
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From page 312...
... Yet, there is also the safety net that if the publisher chooses to assert this new right, there are still nonexclusive rights in the data set or the intellectual work with the author at the university. Does that significantly harm incentives for publishers, is one question.
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From page 313...
... Appendixes
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Key Terms

  • competition model
  • strong property
  • sui generis
  • government data
  • derivative work

  • little bit
  • rights model
  • data activity
  • happening inside
  • competition law

  • nonexclusive rights
  • commercial publisher
  • original data
  • publisher chooses
  • educational purposes

  • risk associated
  • accepted notion
  • copyrights provide
  • retain nonexclusive
  • tremendous risk

  • relatively narrow
  • journal articles
  • bit uncertain
  • real concern
  • potential markets

  • moving forward
  • european sui
  • totally uncovered
  • particular national
  • thermometer example


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