Limitations to Text and Data Mining and Consumer Empowerment: Making the Case for a Right to 'Machine Legibility'

Rossana Ducato*, Alain Strowel

*Corresponding author for this work

Research output: Contribution to journalArticle

2 Citations (Scopus)

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 TDM
Original languageEnglish
Pages (from-to)649-684
Number of pages36
JournalThe International Review of Intellectual Property and Competition Law
Volume50
Issue number6
Early online date4 Jul 2019
DOIs
Publication statusPublished - Jul 2019

Keywords

  • Text and data mining
  • Copyright
  • Sui generis right
  • Consumer protection
  • Data protection
  • Smart disclosure system

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