Database legislation moving

[James Love <love@cptech.org>]

Subject: database protection legislation
   Date: Fri, 13 Feb 1998 19:53:52 -0800
   From: "Eleanor J. Lewis" <ejl@tidalwave.net>


On Thursday, February 12, 1998, Professor Howard Coble (R-NC) held a
second hearing on HR 2652, the Collection of Information Antipiracy Act.

Seven people testified.  Those supporting the bill were:

Professor Jane Ginsburg, Columbia Law School.  She didn't say who she
was representing. (Daughter of Justice Ginsburg).  Rep. Coble mentioned
he was going to be speaking at Columbia Law School in March or late
February and thanked Professor Ginsburg.

Robert Aber representing IIA and NASDAQ

Dr. Richard Corlin, representing the AMA

William Hammack, President Sunshine Pages, Directories published in FL,
TN, MS, representing Directory Association, supports bill with
reservations (an odd position--directories have flourished due to Feist,
but now they want to protect what they obtained through Feist by
reversing Feist through legislation)

Those opposing the bill:

Johnathan Band, representing OnLine Banking Association

Tim Casey, representing ITAA

Dr. Debra W. Stewart representing Association of American Universities 

ALL written testimony is posted on Thomas.  The Judiciary's web site is
at www.house.gov/judiciary

Rep. Coble said that amendments will be introduced shortly.  They
currently are not publicly available to my knowledge.  He expects to
mark up the bill within 3 weeks.  He has 2 additonal sponsors--one is
Rep. Connie Morella (R-MD) representing Montgomery County, MD.--the DC
suburbs.  I do not know who the other new sponsor is.

Rep. Franks asked several questions, and appears to support the bill. 
Dr. Stewart was concerned about public domain data bases created by
universities which a private concern will then spend some money or time
on to obtain ownership of it.  As a result the university will not be
able to use the data.  Franks said he doubted that was a real problem,
but if it is, he will write language to exempt such a situation from
occurring.

Opponents and even some supporters criticized the bill for being too
broad and unconstitutional as written.  Prof. Ginsburg gave several
examples of where terms must be defined and limits set for the bill to
be constitutional.  With her corrections, she thought the bill would be
constitutional, since it is not writing a new copyright act.  She said
for sole source collections, bill must require that reasonable rates be
charged.

Opponents said the bill is not needed.  To comply with the EU directive,
American companies can form European subsidiaries and get benefits of EU
protection.  The EU directive does not require this legislation or any
other American legislation.

The committee appeared eager to hear from people as to how the bill
should be changed.  Suggestions were to make it very narrow and
specific; if a national misappropriation law is needed, do that and
nothing else.  Legal databases were not mentioned.  Sole-source
databases were only mentioned by Prof. Ginsburg.  The committee should
be urged to exempt from coverage text of judicial opinions because it is
government generated data which has only one commercial seller.

Rep. Coble will accept written comments through Friday February 20th. 
Send Comments to Rep. Coble, Chair, Judiciary Subcommittee on Courts and
Intellectual Property, 2138 Rayburn House Office Building, DC
20515-6216.

Committee phone number is 202/225-3951.

Committee fax number is 202/225-3673

Professor marci A. Hamilton, Director, Intellectual Property Law
Program, Cardoza Law School, NY City,  submitted a statement that HR
2652 violates the Copyright Clause and the First Amendment by seeking to
create expansive property-like protection in data and information.  

Eleanor J. Lewis
Executive Director, American Association of Legal Publishers
6907 East Avenue, Chevy Chase, MD 20815-6017
phone:  301/652-3453
fax:  301/652-2970