Re: Can you own the number 10.5% ?

This is not a trivial or (increasingly) unusual problem and highlights the difficulties which are going to be faced in dealing with database protection legislation worldwide. The "data" which Ibbotson is trying to protect was likely developed only after a great deal of analysis and expense and they will naturally attempt to protect it if possible. The "industrial" model of copyright which emphasizes the protection of reproduction rights for limited classes of information is not well suited to offering protection to data and information based businesses.

Since Canada has no general database protection yet, Canadian companies in this situation should concentrate on protecting the secrecy of their "core" of proprietary information (which can then continue to command high premiums in the marketplace) while trying to insist on appropriate credit for data which they have made publicly available (like the number "10.5%"). While I can't speak to U.S. law, it seems to me that Ibbotson would get a lot further by writing people to ask for credit rather than making threats which they probably can't back up.

Mark S. Hayes
Chair, Entertainment & Media Law Group
Fasken Campbell Godfrey / Fasken Martineau Toronto, Ontario, Canada
mark_hayes[_at_]fasken.com
http://www.fasken.com/ Received on Wed Feb 03 1999 - 14:01:24 GMT