Assessment Technologies (AT) sold a database that mixed copyrighted and public domain information. In fact, the PD info was collected at taxpayer expense. When a customer, WIREdata (WD) used the database to read the PD info and share it with others, AT sued for copyright infringement. Moreover, when WD tried to get the same data from the local governments that collected it, which are required by an "open records" law to share it with anyone for the costs of copying, the governments refused, fearing a copyright lawsuit from AT. Richard Posner of the U.S. Court of Appeals for the Seventh Circuit just issued a well-deserved smackdown to AT.
This case is about the attempt of a
copyright owner to use copyright law to block access to data
that not only are neither copyrightable nor copyrighted, but
were not created or obtained by the copyright owner. The
owner is trying to secrete the data in its copyrighted
program --a program the existence of which reduced the
likelihood that the data would be retained in a form in
which they would have been readily accessible. It would be
appalling if such an attempt could succeed.
The open access movement:
Putting peer-reviewed scientific and scholarly literature
on the internet. Making it available free of charge and
free of most copyright and licensing restrictions.
Removing the barriers to serious research.
I recommend the OA tracking project (OATP) as the best way to stay on top of new OA developments. You can read the OATP feed on a blog-like web page or subscribe to it by RSS, email, or Twitter. You can also help build the feed by tagging new developments you encounter.
