Database legislation in the digital age: balancing the public good and owners' rights

This dissertation is a study of the impact of federal legislative proposals considered between 1997 and 2004 that offer protection to databases. It investigates the effect that the proposals had on the balance between the economic interests of owners and the right of the public to unfettered access to information. This identified legislation included proposed amendments to copyright law and laws that were proposed to specifically protect databases via misappropriation or unfair trade practices. The legislative proposals originated in the U.S House of Representatives, Committee on the Judiciary and Commerce Committee. The study identifies approaches to protection proposed by different constituent groups. For this work, witnesses testifying at Congressional hearings are categorized and associations are made between these categories and positions on the bills, views of the issue, and potential solutions are presented. The testimonies are analyzed by extracting the witnesses’ descriptions of the issue, the source of the issue and recommended policy solutions. In addition, descriptions of the public good are also identified and presented. The study concludes that the legislative proposals introduced by the Judiciary Committees, if passed into law, may have influenced the balance by increasing the protection provided by law to the commercial database industry. The legislative proposals introduced by the Commerce Committees were less restrictive and less likely to impact the balance. The witnesses were found to represent a variety of interests, including commerce, education and research, professionals, and Congress. An alignment of views among the commercial organizations that re-compile databases and education and research organizations was identified. Producers of databases were consistently in favor of strong protection legislation. The education and research organization, as well as the database re-compilers, consistently opposed strong protection. Evidence did not support the conventional wisdom that legislative modifications protecting databases was the purview of the information industry, and consequently, protected the interests of these organizations. Those arguing for strong protection claimed that society benefits from a strong database market, both economically and socially. Those opposing strong protection argued for the benefits of unfettered access to information. Both claimed their position benefited the public good.Ph. D.Includes bibliographical referencesIncludes vitaby Lynn M. Kenned