Copyright Data, But do it Right

Copyright law is a triple-edged sword. Historically, it has been used to make sure that authors and rock musicians get their due, but it’s also been extended to the breaking point by firms like Disney. Strangely, a concept that protected creative arts got pressed into duty in the 1980s to protect the writing down of computer instructions, ironically a comparatively few bytes of BIOS code. But as long as we’re going down this strange road where assembly language is creative art, copyright law could also be used to protect the openness of software as well. And doing so has given tremendous legal backbone to the open and free software movements.

So let’s muddy the waters further. Looking at cases like the CDDB fiasco, or the most recent sale of ADSB Exchange, what I see is a community of people providing data to an open resource, in the belief that they are building something for the greater good. And then someone comes along, closes up the database, and sells it. What prevents this from happening in the open-software world? Copyright law. What is the equivalent of copyright for datasets? Strangely enough, that same copyright law.

Data, being facts, can’t be copyrighted. But datasets are purposeful collections of data. And just like computer programs, datasets can be licensed with a restrictive copyright or a permissive copyleft. Indeed, they must, because the same presumption of restr ..

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