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Legal background on data sharing
Mustafa Ünlü, Data Sharing and the Digital Science Commons, The [Michigan Telecommunications and Technology Law Review] Blog, August 29, 2008.
Data is both the primary output as well as the most vital input of the scientific process. In fact, data sharing performs such a key role that without a commons based on publicly shared data, scientific progress would surely suffer. In addition, data forms the foundation for downstream commercial applications aimed at privatizing the fruits of the scientific enterprise. Yet, despite their importance, data ownership rules are subject to a unique, inchoate IP regime which is neither copyright, patent, nor trademark. Moreover, these rules change over time, depending on whether the data has been published. Prior to publication, most data is treated as proprietary and secret. At this early stage, data sharing is governed by informal norms, which are enforced, if at all, under a minimal, liability rule-based legal infrastructure. After publication, data loses its protected status and becomes a part of the public domain. At this later stage, data sharing comes under a default rule of open and free access. |