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by kokokokoko
2721 days ago
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In the US it is actually a big deal because data is not a "creative work" so it is not covered by copyright protection. Because of this, black market re-sellers can operate with relative impunity. Most data brokers have a TOS that prohibits the re-selling of their data, but there isn't any copyright protection. For example, if a company has location data, the only way for them to be held liable is for a particular company to prove they obtained that data directly from them. Once the data has reached a minimum of two parties, everyone now has plausible deniability. If this data was under copyright, the original copyright owner would always have a claim and it would be each parties responsibility to prove they had a right to hold and distribute it. The lack of a copyright style concept of original owner allows data to flow freely even if that transfer is violating a specific TOS. |
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