Re: mining and rights

["Sally Morris \(ALPSP\)" <sally.morris@alpsp.org>]

I love Joe's term 'the principle ... of the infinite divisibility 
of copyright'.  This is exactly the basis on which work of the 
Zwolle Group (www.surf.nl/copyright), and our own model copyright 
agreements for journal contributors 
(http://www.alpsp.org/htp_grantli.htm) are based.  Once you see 
copyright as a bundle of rights which can (and, IMHO, should) be 
unpicked, life gets a whole lot easier!

Sally Morris, Chief Executive
Association of Learned and Professional Society Publishers
South House, The Street, Clapham, Worthing, West Sussex BN13 3UU, UK
Email:  sally.morris@alpsp.org

----- Original Message -----
From: "Joseph J. Esposito" <espositoj@gmail.com>
To: <liblicense-l@lists.yale.edu>
Sent: Saturday, June 03, 2006 12:14 AM
Subject: Re: mining and rights

> I have myself seen (and negotiated) licenses that state *how* an 
> information resource is used, though not in the area of research 
> journals. The principle that these licenses rested upon was the 
> infinite divisibility of copyright. Such licenses are very 
> common in the reference area, especially for lexical products, 
> which often are licensed to search engine companies.  The 
> licenses stipulate that the reference/lexical data could be 
> incorporated into the search process, but that the data could 
> not be viewable by a human.  The search world is evolving 
> rapidly, and whether the inclusion of such databases continues 
> to add value, I do not know.  IP law requires specialists, and I 
> am not among them.
>
> Separating "human reading" from "machine reading" may have other 
> implications.  For one, the fair use doctrine may not apply to 
> robots, since there is no case to be made that a robot is a 
> student.  As to what is the right or wrong way to view this 
> situation, it all depends on whether you are buying or selling.
>
> Joe Esposito