[DMCA-Activists] Database "Copyright" Legislation

[Seth Johnson]

> http://news.yahoo.com/news?tmpl=story2&cid=581&u=/nm/20030905/tc_nm/tech_database_dc&printer=1

Lawmakers to Weigh Database Protection Bill
Fri Sep 5, 5:08 PM ET  Add Technology - Reuters to My Yahoo! 
 

By Andy Sullivan 

WASHINGTON (Reuters) - Lawmakers in the House of Representatives are
circulating a proposed bill that would prevent wholesale copying of school
guides, news archives and other databases which do not enjoy copyright
protection. 

The proposed bill would provide a legal umbrella for publishers of factual
information, such as courtroom decisions and professional directories,
similar to the copyright laws that protect music, novels and other creative
works. 

The bill has not yet been introduced but the Judiciary Committee (news - web
sites) and the Energy and Commerce Committee will hold a joint hearing on
the bill in the coming weeks, a Commerce Committee spokesman said. 

Backers of the measure say it would allow database providers to protect
themselves against those who simply cut and paste their databases and resell
them, or make them available for free online. 

Violators could be shut down and be forced to pay triple the damages they
incurred. 

The U.S. Chamber of Commerce (news - web sites) and consumer advocates said
they plan to write letters of protest soon, arguing that it could
dramatically limit the public's access to information. Database providers
can protect themselves through terms-of-service agreements with their
customers, said Joe Rubin, director of congressional and public affairs at
the Chamber. 

"We think this is already dealt with under license and contract law, and
there's no reason to extend beyond that," Rubin said. 

Sometimes user agreements do not provide enough protection, said Keith
Kupferschmid, a policy expert with the Software and Information Industry
Association, which supports the bill. 

In one instance, a Minnesota magazine publisher had no legal recourse when
its entire directory of local schools was copied and redistributed. In other
cases, pornographic Web site operators have copied real-estate listings and
lawyers' directories to lure unwitting visitors, he said. 

The law could help those who make information available for free online,
said Kupferschmid. Reuters America, a unit of Reuters Group Plc (RTR.L) , is
a member of the trade group. 

"If database producers know they have some law to fall back on when someone
steals their database, they'll be much more willing to get that information
out there for free," he said. "Without that law, there's really nothing to
protect them." 

Mike Godwin, senior technology counsel at the nonprofit group Public
Knowledge, said the bill would likely make information less freely
available. 

"Information, when not copyrighted, is something that can be shared. Once
you start putting fences around information ... there's no freedom of
inquiry," said Godwin, who frequently criticizes copyright-protection
measures he deems overzealous. 

"That doesn't make us smarter, it makes us dumber," he said. 

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