The Threat to Astronomical Databases

Ray Norris

CSIRO ATNF

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What is the threat?

  • The WIPO (World Intellectual Property Organisation) database protection treaty (proposed)
  • The EU (European Union) database protection directive (enacted)
  • The US database protection bill (status?)

    • These all have very similar content, and will be treated here as one issue

    Why do we need a database protection treaty?

  • Example 1:
  • US Supreme Court ruled that a white-pages telephone directory was not covered by copyright
  • Example 2:
  • A French court ruled that a complete chronological list of French wines based on production region and vintage was not protected
  • WIPO argue that:
  • Without protection, there is no incentive for companies to produce useful databases

    • Intellectual Property Protection

  • Patents
  • protect inventions
  • Copyright
  • protects written work and creative work
  • Proposed database protection
  • protects information (about anything)

    • So what's wrong with the proposed treaty?

    A problem of principle

  • For the first time in our history, a person can "own" facts about the Universe
  • Recent genomics controversies ("patenting a gene") could be extended to all of science

    • Example
    • I measure a set of redshifts
    • I charge people to use them
    • Citing my redshifts in a publication without paying me would be illegal and punishable

    Problems with the details of the treaty

    E.g. no (default) fair use provision

    Compare with copyright rules:

    All countries that signed the "Berne convention" include a "fair use" clause in their copyright laws.

    E.g.
  • I can photocopy a paper for my own use
  • I can copy a diagram on to an overhead for a lecture

    • The WIPO treaty does not include a "fair use" clause.

  • I can not cite a redshift in a lecture without getting permission
  • It does allow countries to include such a clause, but this would need to be argued on a country-by-country basis

    • More problems

  • Range
  • It makes protection the default
  • It uses the word "database" to include nearly everything on the www
  • It makes perpetual protection possible
  • It imposes civil or criminal penalties for infringement

    • Example

  • A scientist passing protected data to a colleague will be subject to prosecution
  • It allows use of "insubstantial parts" but then voids this by banning "repeated and systematic use"

    • Paper-trails

  • If you use data in a publication
  • You have to check the data is not protected (and maybe pay fees)
  • If you use data cited by someone else, you will need to get permission from the original owner
  • This will
  • make it very difficult to compile data from many sources (e.g. radio-FIR correlation, Tegmark diagram, logN-logS correlation)
  • kill off data-miming projects
  • make books of reference data near-impossible to compile (e.g. K.R.Lang, Astrophysical Quantities, etc)

    • Commercial Pressures

  • Presumably NASA & other gov't agencies will declare their data to be public domain (but NB Landsat!)
  • What about the business manager of a small fund-starved university?
  • What about a small developing country?
  • What about individuals?

    • Almost certainly, at least some astronomical data will be protected

  • Science has a tradition of open scrutiny and access
  • Problem: we will not have access to data used by an author
  • We won't be able to check or reproduce an author's results

    • Current status

    WIPO

  • Treaty proposed in 1996
  • Withdrawn after pressure from ICSU and others
  • On back-burner - will re-appear!

    • EU

  • Directive (96/9/EC) enacted to apply from 31-Dec-97
  • This has already happened!
  • All the above is becoming a reality within Europe
  • It will be reviewed in 2001

    • US

  • Bill passed by House of Reps in 98 but rejected by Senate
  • Bill re-introduced in 1999 - current status uncertain

    •  

    What can we do?

  • Join with our colleagues in other scientific unions to defeat this at all levels, especially through CODATA and ICSU
    [Click
    • here for graphic showing relationship between IAU, CODATA, ICSU, WIPO]
  • Attend CODATA meeting on EU directive in October 2000 in Italy (see
    • www.codata.org)
  • Encourage national WIPO and CODATA representatives to oppose it

    • For more details, see

    www.codata.org/codata/data_access/summary.html
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