Alternative Database Protection Legislation

["Hamaker, Chuck" <cahamake@email.uncc.edu>]

Date: Wed, 10 Mar 2004 10:20:38 -0500
To: "digital-copyright@lists.umuc.edu"
From: "Olga Francois" <ofrancois@umuc.edu>
Subject: [Fwd: [ALA-WO:900] Alternative Database Protection Legislation Introduced]

FYI...

-------- Original Message --------

ALAWON: American Library Association Washington Office Newsline Volume 13,
Number 13 March 8, 2004

In This Issue: Alternative Database Protection Legislation Introduced

On March 2, following on the heels of the House Judiciary Committee's
favorable referral of H.R. 3261, the Database and Collections of Information
Misappropriation Act, the House Energy and Commerce Committee reported the
Judiciary bill with "an unfavorable recommendation."  Rep. Stearns (R-FL)
and 18 co-sponsors then introduced a more narrow alternative version of
database protection legislation, H.R. 3872, the Consumer Access to
Information Act of 2004. 

Although H.R. 3261 was the result of years of negotiation, it continued to
be opposed by libraries because it would fundamentally allow database
producers to lock up facts. 

Rep. Stearns stated at the March 2 hearing that he opposed H.R. 3261 because
the bill could lead to costly litigation and "put a chill on the use of
information because of the fear of litigation."  New Energy and Commerce
Chairman Joe Barton, R-TX and ranking member John Dingell, D-MI, supported
the bill and opposed H.R. 3261.  H.R. 3872 narrowly defines the definition
of misappropriation of a database and calls for Federal Trade Commission
oversight and enforcement while prohibiting private parties the right to
sue.  The Committee approved the bill with no amendments. 

The introduction of H.R. 3872 is considered a positive political step by
libraries and other opponents of database legislation because it continues
to emphasize the fundamental rift between the stakeholders and will likely
make it more difficult for any bill to pass this year. 

Libraries continue to maintain that any database legislation is unnecessary
but are grateful to those Representatives who, recognizing the deep flaws in
H.R. 3261, proposed an alternative. 

ACTION NEEDED: Anyone in a state whose representative co-sponsored H.R. 3872
should thank their representative for voting against a favorable
recommendation of H.R. 3261 and for attempting to develop an alternative in
H.R. 3872. 

For the text of both bills, go to http://thomas.loc.gov
<http://thomas.loc.gov/> 

To contact the co-sponsors of H.R. 3872, go to Contact Congress at
http://capwiz.com/ala <http://capwiz.com/ala> .

[SNIP]

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