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New theories of database protection

In recent years courts in the US have extended trespass to chattels and the Computer Fraud and Abuse Act to online databases. Jonathan Band warns that this could threaten constitutionally imposed limits on the ownership of information

In 1991, the US Supreme Court in Feist Publications v Rural Telephone, 499 US 340 (1991), rejected the "sweat of the brow" doctrine that bestowed copyright protection on the facts contained in databases by virtue of the effort the publisher expended in collecting the...

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