[DMCA-Activists] Database Protection Bill Introduced in House (Again!)

[Seth Johnson]

(Forwarded from ALA Washington Office Newsline)

-----Original Message-----
From: "Hamaker, Chuck" <address@hidden>
Date: Mon, 13 Oct 2003 19:05:56 EDT
Subject: Database Protection bill introduced in the House:

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ALAWON: American Library Association Washington Office Newsline
Volume 12, Number 93 
2003

In This Issue: Database Protection bill introduced in the House: 
Action Needed
 
On October 8, 2003, Rep. Coble ( R-NC), introduced database protection 
legislation, HR 3261, the "Database and Collections of Information 
Misappropriation Act."  The bill was co-sponsored by Rep. Greenwood (R-
PA), Rep. Hobson ( R-OH), Rep. Sensenbrenner ( R-WI), Rep. Smith (R-
TX), and Rep. Tauzin (R-LA). The bill has been referred to the House 
Judiciary Committee Subcommittee on Courts, the Internet and 
Intellectual Property.
 
Persistent attempts by large database producers to pass legislation 
providing additional protection to databases have resulted in the 
current bill. The bill establishes conditions under which a person is 
prohibited from taking a "quantitatively substantial" part of the 
information in a database and making it commercially available. 
Libraries and other opponents believe that the bill could allow 
database producers to maintain perpetual ownership rights in a wide 
variety of data.
 
The bill allows nonprofit educational, scientific and research 
institutions to make substantial parts of databases available as long 
it is for nonprofit educational purposes but leaves it to the courts 
to decide if that use is "reasonable under the circumstances." 
However, even this narrow exemption could be overridden by "click-
wrap" licenses.  This exemption is wholly inadequate in meeting the 
needs of those institutions.

The bill exempts databases generated and maintained by any government 
entity but leaves some loopholes which might allow publishers who 
incorporate government data into their products to lock up that 
information.
 
ALA and other opponents of the bill maintain that existing laws are 
sufficient to protect the interests of database producers and that 
supporters have not adequately proven that their businesses have 
suffered as a result. The bill fails to address fair use, to include 
the "first sale" doctrine, to allow for the transformative use of the 
information or to provide any safeguards for monopolistic pricing.
 
Libraries are working with a large and diverse coalition of opponents 
including consumers, educators, and businesses (including 
telecommunications, financial services and technology).  Despite years 
of concerted efforts, no satisfactory compromises have evolved.  For 
further information contact: Miriam Nisbet, ALA Legislative Counsel, 
at the ALA Washington Office.  (202-628-8410/1-800-941-8478)
 
IMMEDIATE ACTION NEEDED: 

Ask members of the House Judiciary Committee to defeat H.R. 3261.  It 
is important to contact the representatives of the House Judiciary 
Committee's Sub-committee on Courts, the Internet and Intellectual 
Property (listed below.) http://www.house.gov/judiciary/ Call the U. 
S. Capitol switchboard: 202-224-3121.
 
Talking Points

There are many reasons to vote against H.R. 3261 which will 
significantly reduce competition in the database market and increase 
the price to libraries. Libraries will pay more for less.
 
The bill language is vague and will contribute to increased 
uncertainty to the law.
 
The exemption for nonprofit educational and research institutions is 
wholly inadequate and does not address the needs of those 
institutions. The bill will force these institutions into extensive 
and expensive litigation to determine whether the exemption applies.
  
H.R. 3261 is poorly drafted and requires further study.  The proposal 
remains controversial after years of attempts to work out agreements 
among the interested parties.
 
Sub-committee on Courts, the Internet and Intellectual Property 
Mr. Lamar Smith, chair ( R-TX)
Mr. Henry Hyde ( R-IL)
Mr. Howard Berman ( D-CA)
Mr. Elton Gallegly ( R-CA)
Mr. John Conyers ( D-MI)
Mr. Bob Goodlatte ( R-VA)
Mr. Rick Boucher (D-VA)
Mr. William Jenkins ( R-TN)
Ms. Zoe Lofgren ( D-CA)
Mr. Spencer Bachus ( R-AL)
Ms. Maxine Waters ( D-AL
Mr. Mark Green ( R-WI)
Mr. Martin Meehan ( D-MA)
Mr. Ric Keller ( R-FL)
Mr. William Delahunt ( D-MA) 
Ms. Melissa Hart ( R-PA)
Mr. Robert Wexler ( D-FL)
Mr. Mike Pence ( R-IN)
Ms. Tammy Baldwin (D-WI)
Mr. J. Randy Forbes ( R-VA)
Mr. Anthony Weiner ( D-NY)

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