Re: Database Bill and Article 2B

Cem Kaner <kaner[_at_]kaner.com> wrote:
>
> On 6/25/98, Christopher A. Mohr <chrismohr[_at_]sprintmail.com> wrote:
> >
> > If 2B passes (and arguably even if it doesn't) then the license may
> > control. You're assuming, though, that a producer of social science
> > data could remain in business while: (1) selling a product while at the
> > same time prohibiting its use and (2) squandering its fincances paying
> > lawyers to sue individual consumers for writing journal articles. I
> > don't think your consumer/scientist has anything to worry about, in
> > reality.
>
> Under 2B, this "consumer/scientist" would not be a consumer and might be
> a merchant.
>
> The argument that a person would be safe in violating a legal obligation
> or restriction because a company would not squander its legal resources
> on the prosecution seems entirely inappropriate. The effect of such a
> law would be to give an unfair disadvantage to those who follow the
> license terms. Our jurisprudence should be designed to reward those who
> follow the law, not those who snub their noses at it.

If that is the thrust of what you gathered from what I wrote, then I must have phrased it inartfully. My question related to the economic viability of a business model in which such restrictive (and counter productive) license terms formed part of standard practice. If restrictive terms such as that were in effect, who would want to buy the data in the first place?

Cheers.
Chris

Christopher A. Mohr
<chrismohr[_at_]sprintmail.com> Received on Mon Jun 29 1998 - 13:48:48 GMT