James Boyle, an amazing academic copyfighter, has written a positively brilliant column for the Financial Times on the crazy way that IP policy gets made -- without any evidence, without any followup. In particular, Boyle writes about database copyright, which Americans don't have and which Europeans do have -- and how the European database industry is atrophying under this punishing regime that allows companies to own collections of facts.
Are database rights necessary for a thriving database industry? The answer is a clear “no.” In the United States, the database industry has grown more than 25-fold since 1979 and - contrary to those who paint the Feist case as a revolution - for that entire period, in most of the United States, it was clear that unoriginal databases were not covered by copyright. The figures are even more interesting in the legal database market. The two major proponents of database protection in the United States are Reed Elsevier, the owner of Lexis, and Thomson Publishing, the owner of Westlaw. Fascinatingly, both companies made their key acquisitions in the US legal database market after the Feist decision, at which point no one could have thought unoriginal databases were copyrightable. This seems to be some evidence that they believe they could make money even without a database right. How? In the old-fashioned way: competing on features, accuracy, tied services, making users pay for entry to the database and so on.
If those companies believed there were profits to be made, they were right. Jason Gelman, one of our students, points out in a recent paper that Thomson’s Legal Regulatory division had a profit margin of over 26% for the first quarter of 2004. Reed Elsevier’s 2003 profit margin for LexisNexis was 22.8%. Both profit margins were significantly higher than the company average and both are earned primarily in the $6 billion US legal database market, a market which is thriving without strong intellectual property protection over databases. (First rule of thumb for regulators: when someone with a profit margin over 20% asks you for additional monopoly protection, pause before agreeing.)
Most tech-media takes on the iPhone’s 10th anniversary are bland and self-congratulatory, but I like Tom Warren’s at The Verge. He laments how Apple’s pocket computer killed his inner nerd. As a youngster, he’d be constantly tearing down and building computers, even in the sweltering heat of summer. But now… …All of that tinkering and […]
David Robinson used the data from the 28,657 people who self-selected to take the Stack Overflow survey to investigate the relationship between programmer pay and the conventions of using either tabs or spaces to mark indents, and found a persistent, significant correlation between using spaces and bringing home higher pay.
It’s the end of an era, sort of: Fraunhofer IIS, the developers of the MP3 audio compression format, announced that they are ceasing their licensing program. In a blog post, spokesman Matthias Rose says that it’s had a good 20-year run and is obsolete. But it’s also true that the decoding patents expired last year, […]
Aside from specific apps needed for work, the most casual Mac users can probably survive without anything more than the bundled software. iLife is a surprisingly capable office suite (Apple even promotes Keynote as a tool for interface design), and recent versions of Safari are more energy efficient than any other macOS-compatible browser. But if […]
Despite the upfront cost, electric toothbrushes are much better at removing plaque than those freebies from the dentist’s office. For those who struggle to fill the American Dental Association’s recommended two minutes of brushing time, or anyone with limited dexterity, a sonic toothbrush can give your oral care routine a boost.To keep your chops healthy […]
Learning a new language will give your resume an upgrade, sure, but it will also provide a huge cognitive boost for mental tasks outside of translation and conversation. Bilingual brains have been shown to be better at handling multiple concurrent tasks, and gaining fluency in a new tongue is an amazing way to improve memory, […]