DP protection--IIA shoots itself in foot

Dan Duncan <dduncan[_at_]infoindustry.org> writes:
>
> The United States leads the world in the production and distribution
> of these databases, but that situation is acutely threatened by
> domestic and international legal developments. Enactment of an
> international treaty and a U.S. law providing for non-copyright
> protection against unfair competition in the database industry is
> a solution in the best interests of all database users.

    Two points to note: 1. "The U.S. leads the world in the production and distribution of databases" IN THE ABSENCE OF THE PROTECTION SOUGHT BY THE IIA (think about the implications of that for a moment); 2. If their solution is in the "best interests of all database users," then why do so many database users (me, for example) vigorously oppose sui generis protection?

    Many people ask Congress for subsidies--no one should be ashamed to do so. But one should be honest. The IIA wants a law that directs money from consumers' pockets into its pockets. It should have the courage to openly ask for a subsidy rather than dressing it up in the language of unfair competition (a legal term of art that does not support its position--just take a quick look at the new Restatement of Unfair Competition).

    Paul J. Heald
    Associate Professor of Law
    University of Georgia
    <heald[_at_]jd.lawsch.uga.edu> Received on Thu Oct 31 1996 - 14:59:38 GMT