Data Pools (Précis)
2 Pages Posted: 6 Aug 2014
Date Written: August 5, 2014
This project examines the intellectual property policy implications of “big data pools” — a new type of collective rights organization (CRO) swiftly taking form in various industries. The recent formation of big data pools may herald a fundamental shift in the longstanding debate over whether data should be afforded sui generis intellectual property protection. Like earlier collective rights organizations (e.g., patent pools), these collectives appear to privately craft intellectual property-like protections through contracts. Specifically, they appear to induce their members to contribute valuable subject matter (data) by offering them a number of exclusive rights and shared privileges in return. If the foregoing characterization is accurate, then perhaps the proper subject of debate should shift away from sui generis data protection and toward the government’s power to foster the development of private data-sharing collectives.
Keywords: data, intellectual property, data protection, big data, copyright, patent
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