Hacker News new | ask | show | jobs
by kokokokoko 2721 days ago
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.

2 comments

You're trying to use the wrong kind of law for the problem at hand.
>In the US it is actually a big deal because data is not a "creative work" so it is not covered by copyright protection.

It doesn't need (and shouldn't be) "copyrighted".

It's enough that the law classifies it as private info, and protects it from any third party without an immediate consent.

As someone who has worked with a couple data aggregation startups, I find it surprising I am unaware of the laws that classify it as private info(or even the legal definition of what "private info" is).

With that said, I am certainly not a lawyer and was never directly involved. Which particular laws are you referring to?

Edit: I should mention I am aware of laws preventing the collection of certain types of data. But unaware of laws about possession of that data.

>As someone who has worked with a couple data aggregation startups, I find it surprising I am unaware of the laws that classify it as private info(or even the legal definition of what "private info" is).

As a European, I wasn't saying that you have laws that classify it as "private info".

I'm saying that you _should_ have (or get) some such laws.

Including laws about the "possession of that data" -- GDPR for example covers both collection and possession, and which cases either brushes against the law.

Ah, my apologies. I misunderstood that and thank you for clarifying. I absolutely agree. I hope we, in the US, come to a point where we treat personal info in a similar way. Best regards from across the pond.