USACM Endorsing Bill Wulf's DBASE testimony

[Dave Farber <dave () farber net>]

> Delivered-To: dfarber+ () ux13 sp cs cmu edu
> Date: Mon, 22 Sep 2003 14:56:50 -0400
> From: Jeff Grove <jeff_grove () ACM ORG>
>
>
> Greetings USACM-EC:
>
> Two House Committees will jointly hold a hearing tomorrow (Tuesday at 4 pm)
> regarding the issues associated with Database protection.  A draft bill has
> been circulated that has been roundly criticized by the National Academy of
> Sciences, the various libraries associations, the higher-ed community and
> the U.S. Chamber of Commerce for being too broad and onerous.  Below is a
> small sampling of some of the problems:
>
> *The bill could create perpetual ownership rights in a wide variety of data.
>
> *A minimal amount of harm (even one lost sale) -- could trigger liability.
>
> *The draft does not contain a transformative use exception.
>
> *By failing to address the problem of sole source databases, the bill
> increases monopolists' control over competitive use of information.
>
> *The bill applies retroactively to databases already in existence.
>
> *The exception for educational, scientific, and research institutions
> applies only if the institutions are nonprofit and their "making available"
> is for nonprofit purposes.  This would discourage joint research and
> development activities between nonprofit institutions and
> corporations.  Moreover, it is possible that a university's sale of a
> database would consider a making available for purpose of profit.  In any
> event, this exception can be overridden by a shrink-wrap or click-on license.
>
> ACM Fellow Bill Wulf will be testifying at the hearing on behalf of the
> Academies, the American Libraries Association and the American Association
> of Universities.  His draft testimony is attached as a pdf (if someone
> would rather have it as a word attachment, just let me know).  If USACM
> were interested in adding its endorsement to his statement, it is possible
> that the hearing record could reflect such an action. In particular, it
> would be ideal if USACM were to endorse the seven key principles identified
> in his testimony.
>
> Since Congressional staff has asked for the comments of all stakeholders,
> it is my opinion that we are operating within our mission by responding to
> a request rather than trying to directly influence legislation.
>
> Please let me know if you are in favor of USACM adding its endorsement to
> Bill Wulf's statement (at your earliest convenience).  I apologize for the
> late notice, but the draft statement only became available a few minutes ago.
>
> Thanks for your interest and assistance.
>
> Regards,
> Jeff Grove
> ACM Policy Director

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