Abstract
This paper focuses on the current legal barriers to text and data mining
(TDM) in the context of smart disclosure systems (SDSs) whose aim is to provide
consumers with improved access to the data needed to make informed decisions.
The use of intellectual property rights and contracts, combined with technological protection measures, can hinder TDM and the deployment of SDSs. Further, those legal constraints can negatively impact on artificial intelligence innovation, because that requires improved access to data. There are thus various arguments for enhanced ‘‘machine legibility’’. However, the TDM exceptions included in the recently approved Directive on Copyright in the Digital Single Market do not appear to clear the way for enhanced ‘‘machine legibility’’. In relation to SDSs, we also argue that the principle of transparency, which is embedded in consumer and data protection laws, can serve as a last line of defence against prohibition of TDM7
(TDM) in the context of smart disclosure systems (SDSs) whose aim is to provide
consumers with improved access to the data needed to make informed decisions.
The use of intellectual property rights and contracts, combined with technological protection measures, can hinder TDM and the deployment of SDSs. Further, those legal constraints can negatively impact on artificial intelligence innovation, because that requires improved access to data. There are thus various arguments for enhanced ‘‘machine legibility’’. However, the TDM exceptions included in the recently approved Directive on Copyright in the Digital Single Market do not appear to clear the way for enhanced ‘‘machine legibility’’. In relation to SDSs, we also argue that the principle of transparency, which is embedded in consumer and data protection laws, can serve as a last line of defence against prohibition of TDM7
Original language | English |
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Pages (from-to) | 649-684 |
Number of pages | 36 |
Journal | The International Review of Intellectual Property and Competition Law |
Volume | 50 |
Issue number | 6 |
Early online date | 4 Jul 2019 |
DOIs | |
Publication status | Published - Jul 2019 |
Keywords
- Text and data mining
- Copyright
- Sui generis right
- Consumer protection
- Data protection
- Smart disclosure system