scholarly journals Limitations to Text and Data Mining and Consumer Empowerment: Making the Case for a Right to “Machine Legibility”

Author(s):  
Rossana Ducato ◽  
Alain Strowel
2020 ◽  
Author(s):  
Rossana Ducato ◽  
Alain Strowel

The paper focuses on the current legal barriers to text and data mining (TDM) in the context of smart disclosure systems (SDSs) whose aim is to provide consumers with improved access to the data needed to make informed decisions. The use of intellectual property rights and contracts, combined with technological protection measures, can hinder TDM and the deployment of SDSs.Further, those legal constraints can negatively impact artificial intelligence innovation that requires improved access to data. There are thus various arguments for enhanced “machine legibility”.However, the TDM exception included in the draft Copyright in the DSM Directive and the various amendments proposed by the European Parliament or the Council do not appear to clear the way for enhanced “machine legibility”. In relation to SDSs, we also argue that the principle of transparency, embedded in consumer and data protection laws, can serve as a last line of defence against prohibition of TDM.


2021 ◽  
Vol 64 (11) ◽  
pp. 20-22
Author(s):  
Pamela Samuelson

How copyright law might be an impediment to text and data mining research.


2021 ◽  
Vol 09 (05) ◽  
pp. 502-539
Author(s):  
Maria-Daphne Papadopoulou ◽  
Krystallenia Kolotourou ◽  
Maria Bottis

2013 ◽  
Vol 210 (4) ◽  
pp. 643-645
Author(s):  
Mike Rossner

The existing public access policy for our three journals—The Journal of Cell Biology, The Journal of Experimental Medicine, and The Journal of General Physiology—is fully compliant with new policies from the Research Councils UK (RCUK) and the Wellcome Trust. In addition to mandating public access, the new policies specify licensing terms for reuse of content by third parties, in particular for text and data mining. We question the need for these specific terms, and we have added a statement to our licensing policy stipulating that anyone, including commercial entities, is permitted to mine our published text and data.


2010 ◽  
pp. 172-187 ◽  
Author(s):  
Matt Hettche

While the Internet is generally regarded as a tool of consumer empowerment, recent innovations in e-marketing signal a disparity in the quality of knowledge that the e-buyer and e-seller each bring to the exchange process. Armed with sophisticated consumer tracking programs and advanced data mining techniques, the e-seller’s competitive advantage for anticipating consumer preference is quickly outpacing the e-buyer’s ability to negotiate fair terms for an equal trade. This chapter considers the possible threat that aggressive forms of electronic surveillance pose for a market economy in e-commerce and offers a framework for how marketing practitioners can protect consumer autonomy online. Using John Locke’s classic social contract theory as a model, I argue that information created by an end-user’s online activity is a form of ‘virtual property’ that in turn establishes a consumer’s right to privacy online.


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