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

Rossana Ducato; Alain Strowel

doi:10.1007/s40319-019-00833-w

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 journal › Article › peer-review

4 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 language	English
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	https://doi.org/10.1007/s40319-019-00833-w
Publication status	Published - Jul 2019

Keywords

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

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http://hdl.handle.net/2078.1/218027

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Rossana Ducato
- School of Law, Law - Lecturer
- Law (Research Theme)
Person: Academic

Cite this

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

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 provideconsumers with improved access to the data needed to make informed decisions.The use of intellectual property rights and contracts, combined with technologicalprotection measures, can hinder TDM and the deployment of SDSs. Further, thoselegal constraints can negatively impact on artificial intelligence innovation, becausethat requires improved access to data. There are thus various arguments forenhanced {\textquoteleft}{\textquoteleft}machine legibility{\textquoteright}{\textquoteright}. However, the TDM exceptions included in therecently approved Directive on Copyright in the Digital Single Market do notappear to clear the way for enhanced {\textquoteleft}{\textquoteleft}machine legibility{\textquoteright}{\textquoteright}. In relation to SDSs, wealso argue that the principle of transparency, which is embedded in consumer anddata protection laws, can serve as a last line of defence against prohibition of TDM",

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author = "Rossana Ducato and Alain Strowel",

note = "Acknowledgements The research is supported by the Innoviris Grant 2016-BB2B-9. A sincere thanks to Dr. Guido Noto La Diega for the constructive discussion on an early version of this paper. The authors have jointly conceived the paper and share the views expressed therein. Nonetheless, while Section 5 is attributable to Alain Strowel, Sections 2, 6 and 7 are specifically attributable to Rossana Ducato. Both authors equally contributed to the drafting of Sections 1, 3, 4 and 8.",

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language = "English",

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AU - Strowel, Alain

N1 - Acknowledgements The research is supported by the Innoviris Grant 2016-BB2B-9. A sincere thanks to Dr. Guido Noto La Diega for the constructive discussion on an early version of this paper. The authors have jointly conceived the paper and share the views expressed therein. Nonetheless, while Section 5 is attributable to Alain Strowel, Sections 2, 6 and 7 are specifically attributable to Rossana Ducato. Both authors equally contributed to the drafting of Sections 1, 3, 4 and 8.

PY - 2019/7

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N2 - 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 provideconsumers with improved access to the data needed to make informed decisions.The use of intellectual property rights and contracts, combined with technologicalprotection measures, can hinder TDM and the deployment of SDSs. Further, thoselegal constraints can negatively impact on artificial intelligence innovation, becausethat requires improved access to data. There are thus various arguments forenhanced ‘‘machine legibility’’. However, the TDM exceptions included in therecently approved Directive on Copyright in the Digital Single Market do notappear to clear the way for enhanced ‘‘machine legibility’’. In relation to SDSs, wealso argue that the principle of transparency, which is embedded in consumer anddata protection laws, can serve as a last line of defence against prohibition of TDM

AB - 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 provideconsumers with improved access to the data needed to make informed decisions.The use of intellectual property rights and contracts, combined with technologicalprotection measures, can hinder TDM and the deployment of SDSs. Further, thoselegal constraints can negatively impact on artificial intelligence innovation, becausethat requires improved access to data. There are thus various arguments forenhanced ‘‘machine legibility’’. However, the TDM exceptions included in therecently approved Directive on Copyright in the Digital Single Market do notappear to clear the way for enhanced ‘‘machine legibility’’. In relation to SDSs, wealso argue that the principle of transparency, which is embedded in consumer anddata protection laws, can serve as a last line of defence against prohibition of TDM

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

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Rossana Ducato

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