database right
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2021 ◽  
pp. 145-176
Author(s):  
Chris Reed

This chapter discusses information ownership in the cloud. The law has struggled with ownership of digital information precisely because it is no longer recorded in permanent form on a physical object which can be owned. The law attempts to solve this problem by creating legal rights in some types of information, in the form of intellectual property rights. However, intellectual property rights are highly limited in scope in order to prevent the monopolisation of information. Thus, disputes over information ownership, and negotiations involving transfer of digital information, can be surprisingly difficult to resolve. The chapter then looks at copyright, database right, and the protection of confidential information. It shows that owning property rights in information, most likely copyright and database right, has little importance in terms of the cloud relationship. Cloud computing does, however, create some risks to confidential information because each player in the cloud is handing over some element of control to other players.


2021 ◽  
Author(s):  
Keith Jeffery

<p>FAIR, open and free are rarely user correctly to describe access to assets.  In fact, assets - expected to be or described as FAIR, open and free - are subject to many restrictions.  The major ones are:</p><p>(1) Security: to protect the asset from unavailability and any process from corruption, related to curation.  Security breaches may be criminal.</p><p>(2) Privacy: to protect any personal data within or about the asset. The General Data Protection Legislation is highly relevant here and severe punishments are available.</p><p>(3) Rights and licences: the asset may be subject to claimed rights (such as copright or database right or even patenting) and also to licensing which may be more or less restrictive;</p><p>(4) Authorisation: within an Authentication, Authorisation, Accounting Infrastructure (AAAI), authorisation of authenticated user access in a given user role (owner, manager...) to assets in appropriate modes (read, update...) possibly within a certain time period and subject to asset licensing is only permitted;</p><p>(5) Terms and Conditions: the system controlling the assets may have associated terms and conditions of use including - but not restricted to - liability, user behaviour, use of cookies.</p><p>In EPOS we are drawing together all these aspects into an integrated policy-driven set of mechanisms in the system including rich metadata, policy and licence documents, informed consent at the user interface and an AAAI system based on the recommendaions of AARC (https://aarc-project.eu/ ).</p><p> </p>


Information decrease is the way toward limiting the measure of information that should be put away in an information stockpiling condition. Information decrease can build stockpiling effectiveness and lessen costs. Information cleaning act in the Data Preprocessing and Web Usage Mining. The work on information cleaning of web server logs, unessential things and futile information can not totally evacuated and Overlapped information causes trouble during information recovering from database. Right now, we present Ant Based Pattern Clustering Algorithm to get design information for mining .It likewise shows Log Cleaner that can sift through a lot of superfluous, conflicting information dependent on the basic of their URLs. Fundamentally right now are expelling undesirable records . so we are utilizing k-implies bunching calculation . By utilizing this exploration work we can apply this philosophy on web based business stage i.e AMAZON, FLIPKART.


2020 ◽  
pp. 336-355
Author(s):  
Ian J. Lloyd

Databases form a vitally important part of the information society. The traditional approach in the United Kingdom has been to protect their contents as compilations under the law of copyright. This contrasts with the approach adopted in civil law states which have historically required a more significant qualitative element as a condition for the award of copyright than has been the case in the United Kingdom. Databases would not meet this requirement – although many states would offer protection under unfair competition laws. The European Union’s database directive strikes something of a compromise between the two approaches. The chapter will consider the extent of the sui generis database right and consider its practical application in the, albeit limited, number of cases in which it has been considered by the courts.


2020 ◽  
Vol 137 (4) ◽  
pp. 251-318

  H1 Database right – Infringement – Mapping – Geospatial coordinates – Address matching – Licensing agreements – Sub-licensing – Breach of contract – Construction – Scope of rights granted – Subsistence of database right – Verification of existing data – Extraction – Consultation – Re-utilisation – Defences – Authorised extraction – Time and place shifting – Information dissemination – Estoppel by representation – Inducing breach of contract – Justification


Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica

This chapter considers two rights similar to copyright in many ways, in terms of both subject matter and the substantive contents of the rights: (1) the special or sui generis database right, which operates alongside the copyright in databases; and (2) performers’ rights. Both rights have been relatively recently introduced into the armoury of intellectual property law. The chapter gives an account of each of these rights, comparing them with copyright but also underlining the differences between the regimes, and the reasons behind these differences. The chapter considers relevant the relevant international and EU frameworks and also highlights the nature and importance of these rights.


Author(s):  
Justine Pila ◽  
Paul L.C. Torremans

This chapter discusses database protection and database right under European Parliament and Council Directive on the protection of databases [1996] OJ L 77/20.1, better known as the Database Directive. Long before the advent of digital technology various forms of databases were around in analogue format, such as telephone directories. Digital technology opened up opportunities of scale in this area and made data easy to search. But at the same time it impeded the mere consultation or reading of the data, that are now hidden in a digital format. The real value of a database lies in the comprehensive nature of the information it contains, rather than in the originality of the information itself. Thus, granting an exclusive right in a collection of data or information, without any requirement of originality in relation to the data or information, not only risks interfering with the right of access to information, but also risks interfering with the freedom of competition, since the only workable access to information and data that are themselves in the public domain and freely available will now pass via the rights holder and its database. The database right has the difficult task of striking the right balance between the various interests involved, and the Directive has been accused of putting in place the least balanced and most anti-competitive exclusive right in the EU.


Author(s):  
Tim Press

This chapter deals with copyright in computer programs and databases for which the EU Software and Database Directives set special rules, which are implemented in the Copyright, Designs and Patents Act 1988 (CDPA). In addition, it deals with database right, also created by the Directive, which is implemented by the Copyright and Rights in Databases Regulations 1997. There are particular defences to copyright infringement in relation to computer programs that allow decompilation and the development of compatible software. Database right is intended to protect the investment in gathering the data into a database; it does not protect data that is created by the database owner. Database right protects against the extraction or re-utilization of the contents of the database for a period of 15 years.


2019 ◽  
pp. 330-358
Author(s):  
Andrew Murray

This chapter examines database right, a sui generis form of intellectual property protection, the roots of which are to be found in copyright law. It first compares copyright and database rights before turning to cases in which the UK’s Copyright, Designs and Patents Act 1988 was applied to listings of information in the form of a simple database. The chapter then considers the European Union’s Database Directive and analyses the Fixtures Marketing, British Horseracing Board Ltd v William Hill, and Football Dataco v Yahoo! cases. Finally, it looks at databases, along with the intellectual property issues that they generate, within the framework of the information society.


2019 ◽  
pp. 207-218
Author(s):  
Andrew Murray

This chapter examines intellectual property rights (IPRs) in relation to the information society. The discussion begins with an overview of IPRs involving copyright, patents, trademarks, and the database right, and then considers IPRs and the process of digitization within the framework of cyberlaw. It mentions the criticism received for overprotecting content or systems in the information society and discusses the idea of an over-reliance on models developed for a previous age and for different challenges in dealing with the information economy and society. It concludes by highlighting the tension between the information society and the intellectual property industry in terms of what each wants and expects: liberty, free use of content, and unfettered free expression for the former; and protection, control over use, and abuse and reward for the latter.


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