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Article

Title: O'Connor's Copyright Legacy

Author: Dames, K Matthew Article Type: Product Analysis
Source: Information Today, v23 n4 p20(2) Publication Date: Apr 2006
  ISSN: 8755-6286
URL of Publication: http://www.infotoday.com

In 1991 Supreme Court Justice Sandra Day OConnor wrote her noteworthy opinion for the unanimous court decision on the Feist Publications v. Rural Telephone Services copyright case, which stated that the originality in copyright is meaningful and that users cannot be charged for facts. In the ensuing years the United States has not adopted a database protection initiative as has been done in the European Union because of protests from scientists, library groups, and universities that view such legislation as restrictive to the accessibility and use of vital factual data. Database companies have tried to introduce protection legislation near the end of congressional terms, hoping for passage with critical legislation that is immune from veto. So far they have been unsuccessful but it is unlikely that the push for database legislation is over. It is possible that a company such as Google may look to leverage its investments in data collection and data distribution with protection of the data it has compiled. With other organizations such as eBay and the National Association of Realtors also sharing such concerns, it is likely that database protection will remain an issue. The legacy of Sandra Day OConnors Feist opinion will continue to play a key role in the debate.

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