Open Access News

News from the open access movement


Thursday, February 12, 2004

On the unconstitutionality of the database bill

Brandy Karl, How the Current Congressional Database Protection Bill Would Go Beyond Current Law, and Why It is Unconstitutional and Misguided FindLaw's Writ, February 11, 2004. Karl, a third-year law student at Boston University, demonstrates how the Database and Collections of Information Misappropriation Act (DCIMA) is essentially "An Unconstitutional Attempt to Copyright Uncopyrightable Material," shows examples of how databases are and are not protected by copyright law, and argues against its enactment: "A free society does not hoard its facts and ideas -- but that is just what DCIMA protects and encourages." (Source: The Virtual Chase)