Disclosing Big Data

Michael Mattioli

Indiana University Maurer School of Law

February 20, 2014

This Article reveals that the law is channeling producers of “big data” towards maintaining their most innovative work as trade secrets. “Big data” refers to a new industrial and scientific phenomenon that holds the potential to transform diverse industries — from medicine, to energy, to online services. At the heart of this phenomenon are innovative and complex practices that enable experts to shape featureless digital records into valuable information products. The conclusion that these big data practices are likely to be maintained as trade secrets is worrisome for familiar reasons: the law generally prefers to induce technological disclosure in order to serve the goal of promoting progress. Beyond this general concern, the non-disclosure of big data practices threatens innovation in unique ways that are particularly insidious. The cause of this problem, and possibly its resolution, lies in the interplay between patent, trade secret, and copyright law.

Number of Pages in PDF File: 44

Keywords: big data, copyright, intellectual property, knowhow, database protection

working papers series

Download This Paper

Date posted: November 24, 2013 ; Last revised: February 24, 2014

Suggested Citation

Mattioli, Michael, Disclosing Big Data (February 20, 2014). Available at SSRN: http://ssrn.com/abstract=2358985 or http://dx.doi.org/10.2139/ssrn.2358985

Contact Information

Michael Mattioli (Contact Author)
Indiana University Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
Feedback to SSRN

Paper statistics
Abstract Views: 548
Downloads: 177
Download Rank: 97,608

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.234 seconds