Pluijmers, Y. and H.J. Onsrud, Commercial Sector Perspectives Regarding Legal Methods For Protecting Spatial Datasets, Proceedings of GIS/LIS ‘97, 402-404

Yvette Pluijmers and Harlan J. Onsrud

Department of Spatial Information Science and Engineering and

National Center for Geographic Information & Analysis

University of Maine

Orono, Maine 04469-5711

onsrud@spatial.maine.edu

The rapid development and increased use of geographic information systems (GIS) and digital spatial datasets combined with the transitory and duplicative nature of electronic data has resulted in a confused legal setting for the protection of spatial data. There is a lack of legal certainty of how compilations of digital spatial data may be protected and therefore appropriate means for managing spatial data are also unclear. If protection of private sector spatial data compilations against free riding and competition piracy is inadequate, incentives for the private sector to bring spatial datasets to the market will fail to exist. On the other hand, if protection of interests in datasets goes too far in shielding data producers, innovation and advancement of knowledge may be stifled through over-restriction of the ability to use ideas and factual information provided by those who came before.

Research was recently carried out at the University of Maine that explores the protection of intellectual property in geographic datasets in the commercial sector. A survey with two objectives was distributed to sellers of spatial datasets in the United States. The first objective was to determine the level of satisfaction with current means of protecting intellectual property rights in spatial datasets. Data sellers were asked about satisfaction with their ability to borrow from and build on the datasets of others. They were also asked about satisfaction with the ability to restrict use of their datasets by others. The second objective of the survey was to outline competing alternatives for protecting intellectual property in spatial datasets and then determine commercial seller and buyer preferences in regard to these alternatives.