Re: Bill HR 3261: Database and Collections of Information Misappropriation Act

On Tue, 2 Dec 2003, Alex R. wrote:

> Do you think it would have a chilling effect on those who use Wikipedia?
> Since it appears to create an ownership right in information, that would
> mean
> that any fact is found in a database (i.e. an online repository of
> information
> such as the Encyclopedia Britanica) could not be copied and entered into
> a Wikipedia article. Thus Wikipedia contributors might only be able to write
> articles if they do off line research and copy that information ONLY from
> off line sources (rather than doing some online research and rewriting the
> information into new copyright original text).

I think that this will not hold true because of the "substantial part"
provision in section 3(a). But I do agree that this is just one man's opinion
until the courts have spoken on the issue of what a substantial part is.

> Would mean that someone who relicenses Wikipedia texts under the GFDL
> could claim tha those texts are protected under this bill? Might that
> prevent
> the free flow of information and be against the principles of "open
> content"?

I'm afraid it could... Actually, just relicense Wikipedia text would fall
short of "a substantial expenditure of financial resources or time" since
the substantial expenditure was done by the Wikipedia contributors, not the
person claiming rights, but someone could collect a number of Wikipedia
articles, rework them or add in articles of their own, and publish the whole
under the GNU/FDL and yet protected.

Andre Engels