Opening Statement of Rep. Howard Coble (R-NC).
Re: House Courts and Intellectual Property Subcommittee hearing on HR 354, a database protection bill.
Date: March 18, 1999.
Source: House Courts and Intellectual Property Subcommittee. This document was created by Tech Law Journal by scanning a paper document, and converting to HTML. Copyright 1999 Tech Law Journal.

STATEMENT OF THE HONORABLE
HOWARD COBLE, CHAIRMAN
SUBCOMMITTEE ON COURTS AND INTELLECTUAL PROPERTY
ON
H.R. 354, THE "COLLECTIONS OF INFORMATION ANTIPIRACY ACT"

March 18, 1999

THE SUBCOMMITTEE ON COURTS AND INTELLECTUAL PROPERTY WILL COME TO ORDER.

TODAY THE SUBCOMMITTEE IS CONDUCTING A LEGISLATIVE HEARING H.R. 354, THE "COLLECTIONS OF INFORMATION ANTIPIRACY ACT" WHICH STRIKES A BALANCE AS THE INFORMATION AGE ARRIVES. THE BALANCE PROVIDES ADEQUATE PROTECTION TO ENSURE THERE IS AN INCENTIVE FOR COMPANIES TO INVEST IN THE DEVELOPMENT OF COLLECTIONS OF INFORMATION, WITHOUT INHIBITING MEMBERS OF THE SCIENTIFIC, LIBRARY, AND RESEARCH COMMUNITIES FROM CARRYING ON THEIR WORK. THIS BILL, AS A COMPLEMENT TO COPYRIGHT LAW, RELIES ON UNFAIR COMPETITION PRINCIPLES TO PREVENT A PARTY FROM MISAPPROPRIATING ANOTHER'S COLLECTION OF INFORMATION. IN THE EVENT A PERSON MISAPPROPRIATES A SUBSTANTIAL PORTION OF ANOTHER'S COLLECTION OF INFORMATION TO THE EXTENT IT WILL HARM THE ORIGINAL COLLECTOR'S ABILITY TO COMPETE, THE MISAPPROPRIATOR WOULD BE SUBJECT TO INJUNCTION AND DAMAGES.

THIS BILL IS NEARLY IDENTICAL TO THE LEGISLATION WHICH PASSED THE HOUSE OF REPRESENTATIVES NOT ONCE, BUT TWICE, LAST YEAR. H.R. 354 DIFFERS FROM LAST YEAR'S LEGISLATION IN TWO WAYS. FIRST, IT CLARIFIES THAT THE TERM OF PROTECTION FOR A COLLECTION OF INFORMATION IS LIMITED TO 15 YEARS. SECOND, THE BILL ADOPTS "FAIR-USE" LIKE LANGUAGE TO CLARIFY THE PERMISSIBLE USES FOR SCIENTIFIC, EDUCATIONAL AND RESEARCH PURPOSES.

DURING TODAY'S HEARING WE WILL HEAR FROM AN ARRAY OF DIFFERENT WITNESSES, IN AND OUT OF GOVERNMENT, COMMERCIAL AND NONPROFIT ENTITIES, FOR AND AGAINST THE LEGISLATION. WE ARE COMMITTED, AS WE ALWAYS HAVE BEEN, TO LISTEN TO ANY CONSTRUCTIVE SUGGESTION WHICH LEADS US TO THE BEST POSSIBLE LAW FOR ALL. LET ME NOTE AT THIS TIME THAT WE DID EXTEND AN INVITATION TO COMMERCIAL ENTITIES WHO HAVE RAISED CONCERNS ABOUT THE LEGISLATION. UNFORTUNATELY THEY WERE NOT ABLE TO PRODUCE A WITNESS TO BE HERE THIS MORNING, BUT IT IS MY UNDERSTANDING THEY HAVE SUBMITTED A STATEMENT FOR THE RECORD. I NOTE THIS FOR SELFISH REASONS. I WANT THERE TO BE NO MISUNDERSTANDING THAT I HAVE SHUTOFF OFF ANYONE FROM THE DEBATE.

I READ AN ARTICLE OVER THE HOLIDAYS WHICH DESCRIBED THIS LEGISLATION AS "ARMAGEDDON," AND INSINUATED WE RAMMED THIS BILL THROUGH LAST YEAR UNDERHANDEDLY AND HEAVY-HANDEDLY. NOW I HAVE BEEN CALLED A "ROCKHEAD" BEFORE, BUT NEVER HAVE I BEEN COMPARED TO A GIANT ROCK WHICH WILL CARELESSLY WIPE OUT SOCIETY. WHAT THE AUTHOR DID NOT INFORM THE READER WAS THAT HE REPRESENTED A CLIENT WITH A POSITION ON THE BILL, THAT HE HIMSELF HAD TESTIFIED AT ONE OF THE TWO HEARINGS WE HELD ON THE LEGISLATION, AND THAT WE HAD CONSIDERED AND ADOPTED SOME OF THE AMENDMENTS HE HAD SUGGESTED TO US. I POINT THIS OUT NOT TO PROVOKE A FIGHT, BUT TO CLARIFY MY WORK, THIS SUBCOMMITTEE'S PRODUCT, AND THE WAY WE DO BUSINESS. I HAVE SAID IT MANY TIMES, YOU DO NOT NEED A VISA TO GET THROUGH OUR DOORS AND SUCH MISINFORMATION IS NOT HELPFUL TO A HEALTHY LEGISLATIVE DEBATE.

LET ME BE CLEAR. AGAIN. MY STAFF AND I HAVE MET WITH DOZENS OF PARTIES ON ALL SIDES OF THESE ISSUES AND WILL CONTINUE TO DO SO IN THE FUTURE. WE HAVE WORKED HARD TO MEET, GATHER, AND INCORPORATE AS MANY SUGGESTIONS IN THE THIS BILL AS WE FELT APPROPRIATE. I AM COMMITTED TO DOING EVERYTHING IN MY POWER TO SEE THAT WE COMPLETE THIS LEGISLATION THIS YEAR, AND IT IS ALWAYS BETTER WHEN WE CAN WORK TOGETHER.

NOW, ALLOW ME TO RECOGNIZE THE RANKING MEMBER, MR. BERMAN, FOR AN OPENING STATEMENT.

LET ME INTRODUCE OUR FIRST PANEL.