Re: Database Protection Paper

I think we could use a bit more light and a bit less heat on this issue. While I tend to favor a restrictive approach to the protection of databases as such, and prefer a copyright construct that does not protect the "selection" of data, the fact is both that (a) a growing body of circuit court opinions focuses on "selection" (rather than
"arrangement") and the protection of data that is the product of
"original" selection and (b) the European Union clearly protects
databases as such, albeit in a special way. I may disagree with these cases and with the EU, but the matter is not a clear cut "good guys/bad guys" proposition nor does protection of "selection" mark the end of civilization as we know it, even if the strong domestic support for such protection comes from those entities who would benefit from it. I think a thoughtful discussion of the proper way to balance the conflicting interests is in order. This should not be a matter for political or academic correctness. That the copyright act does not protect labor and research as such is clear. Whether it can or should be changed to afford some limited protection is less clear. While I lean against that protection, I prefer at least to keep my mind open and I would like to hear more from others.

Sheldon W. Halpern
The Ohio State University College of Law <shalpern[_at_]pop.service.ohio-state.edu> Received on Thu Oct 09 1997 - 12:36:30 GMT