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.)
Freddy deBoer writes that he’s been telling the same joke for years about Silicon Valley’s only product, which might be universalized as “At last, a way to verb with nouns on the internet!” But the social-media techopoly is stable, now, and so the venture capitalists have moved on to the three terrible trends that will […]
Alex Wood is an addict but won’t give up his smartphone. But he has five strategies for limiting its control over him: “I used to wake up tired. My body would ache and my head felt sore, like waking up with a hangover. Finally, I took control, like attending an AA class for addicts, I […]
We just got the Sport model of the EPIKGO hoverboard at my office. Besides being terribly chic, it’s apparently bulletproof.
Bamboo has lots of uses beyond just being panda food. Things like bikes, roads, scaffolding, and musical instruments are made from the fast-growing grass. But unless you are participating in a tropical-themed LARP, you probably wouldn’t want a shirt made from bamboo stalks. So why do bamboo bed sheets make any sense? Because yarn extracted from […]
If you want to work in tech, but don’t have any desire to code web apps to help businesses sell things to other business, you might want to consider a career in cybersecurity. Judging from the apparent complete infiltration of Russian hackers in American cyberspace, it seems fair to speculate that there’s a major shortage of […]
All moms are different. But all moms like getting flowers on Mother’s Day, and that’s a fact (not, however a fact we can document in any fashion.) Instead of getting chewed out for forgetting to call her on the second Sunday of May, you can take care of it ahead of time with Teleflora’s flower […]