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Disclosing Big Data

Posted: 24 Nov 2013 Last revised: 27 Aug 2017

Michael Mattioli

Indiana University Maurer School of Law

Date Written: February 20, 2014

Abstract

This Article reveals that the law is failing to adequately encourage producers of “big data” to disclose their most innovative work to the public. “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 by which experts shape featureless digital records into valuable information products. The fact that these big data practices are unlikely to be disclosed to the public 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 nondisclosure 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 big data and intellectual property law — a nexus that scholars have not explored until now.

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

Suggested Citation

Mattioli, Michael, Disclosing Big Data (February 20, 2014). Minnesota Law Review, Vol. 99, No. 2, 2014. Available at SSRN: https://ssrn.com/abstract=2358985 or http://dx.doi.org/10.2139/ssrn.2358985

Michael Mattioli (Contact Author)

Indiana University Maurer School of Law ( email )

211 S. Indiana Avenue
Bloomington, IN 47405
United States

HOME PAGE: http://www.michaelmattioli.org

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