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.)
The Cobham catalog, exposed by The Intercept, features countless pages of surveillance gadgets sold to U.S. police to spy on American citizens: tiny black boxes with a big interest in you. In the creepily bland feature lists and nerdy product names is a whisper of a dark future; perhaps darker than anyone can imagine.
This image depicts the most commonly-found stylesheet colors on the web’s top sites—Paul Hebert did an amazing amount of analysis and this is just one of the intriguing visualizations he came up with. Most of these are obvious staples, especially HTML red and blue, though it’s interesting how far the blue “cluster” is from the […]
With the cacophony of an election year ablaze with unparalleled drama being fought on the front lines of Twitter, we find ourselves slowing down and staring at it like a bad accident. The need for escapist relief is perhaps more dire than usual right now. This fall, if it’s drama you crave, but the Hillary […]
The Avantree Powerhouse 4 Port Fast USB Charging Station brings high quality, high power, and still keeps your work space or home looking neat and organized. The best part about this charger is its capacity. It comes packing 4 USB charging sockets and a powerful 4.5A/22.5W output.. Its smartport technology means you don’t have to worry about frying your battery, either—it […]
With this comprehensive course in App & Game Development for iOS and Android, you’ll be able to take full advantage of this career opportunity without committing to going back to school full time. You’ll learn how to build immersive, interactive games and apps from start to finish using Python, C#, Unity, and HTML—some of the most in-demand programming […]
CloudPress is a responsive WordPress theme builder that allows you to create a whole site in less than 30 minutes. CloudPress comes with tools like pre-built headers, content blocks, and footers—all you have to do is pick what you like, and drag and drop. With your subscription, you get access to 13 professionally designed WordPress themes, over 80 […]