Vol 7 No 1 - Roger Williams University School of Law
Vol 7 No 1 - Roger Williams University School of Law Vol 7 No 1 - Roger Williams University School of Law
Symposium and writes on this issue in What the Future Holds:Policy Choices in the Global E-Marketplace. What greaterincentive can I give the reader to spend time with her article thanto say that Professor O’Rourke’s presentation held the Symposiumaudience in place even though it was the Friday afternoon closingpresentation in a long, full-day program?As experienced and as viewed in retrospect, the full daySymposium and half-day Roundtable programs were remarkablefor the ease in which academics and lawyer-scholars from verydifferent legal and cultural backgrounds found common purposeand genuine camaraderie, and an enjoyment in sharing that withRoger Williams University law students and faculty. As theorganizer and convener of the programs, I wish to express mygratitude to professional colleagues and personal friends whoaccepted my invitation to participate in the programs asmoderators and as speakers. Writing this introduction alsoprovides me a forum to express my gratitude for a personally quitespecial benefit and satisfaction, the privilege of meeting, andbecoming friends as well as professional colleagues, of a mostdistinguished group of scholars from abroad: Professor DoutourJosé de Oliveira Ascensão, Dean Brian Fitzgerald, Dr. ManualLopes Rocha and Dr. Antõnio de Macedo Vitorino.Finally, though not least, I speak for all who participated inthe Symposium and Roundtable in closing this introduction byexpressing gratitude to others who made the event andpublication of this Symposium Issue notable in the young life ofthis law school. We are especially grateful to the Luso-AmericanDevelopment Foundation and its President, Dr. Rui Chancerellede Machete for program and financial support, the Law Reviewand its members for their work in editing and publishing thepapers in this Symposium Issue, and Dr. Manuel Duarte deOliveira of the Luso-American Development Foundation for hisliaison assistance in Portugal. Most especially, I speak for all inrecognizing my colleague, and at time the Dean, Professor HarveyRishikof for his encouragement, unstinting support, and spiritedhospitality that made our distinguished guests’ visits to theUniversity and the School of Law so congenial and memorable.
Database Protection in the DigitalInformation AgeCharles R. McManis *It would be an atrocious doctrine to hold that dispatches,the result of the diligence and expenditure of one man,could with impunity be pilfered and published byanother . . . . The mere fact that a certain class ofinformation is open to all that seek it, is no answer to aclaim to a right of property in such information made by aperson who, at his own expense and by his own labor, hascollected it.1INTRODUCTIONAs industries in the global market increasingly come to relyon electronic compilations of data,2 calls for new, sui generis formsof legal protection for databases have grown apace. Yet, as thequotation above illustrates, the issue of data protection is notnew—nor is the world without precedent in determining how theissue of data protection ought to be resolved.*Professor of Law, Washington University in St. Louis; B.A., 1964, Birmingham-Southern College; M.A. (Philosophy); J.D., 1972, Duke University. The authorgratefully acknowledges the research assistance of Christopher R. Alder, J.D., 2001,Washington University in St. Louis, who also provided initial drafts of portions of thisarticle. The author is likewise indebted to Washington University law librarians, HylaBondareff and Katrina Stierholz, for their research assistance at several critical pointsin the preparation of this article. Finally, the author gratefully acknowledges theinsightful comments and suggestions of Justin Hughes, Visiting Professor of Law,UCLA School of Law, who graciously read and commented up an initial draft of thisarticle.1. Kiernan v. Manhattan Quotation Telegraph Co., 50 How. Pr. 194, 14 C.O.Bull. 1493 (N.Y. Sup. Ct. 1876).2. See Robert M. O’Neil, Campus Database Issues, 27 J.C. & U.L. 109 (2000).237
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Symposium and writes on this issue in What the Future Holds:Policy Choices in the Global E-Marketplace. What greaterincentive can I give the reader to spend time with her article thanto say that Pr<strong>of</strong>essor O’Rourke’s presentation held the Symposiumaudience in place even though it was the Friday afternoon closingpresentation in a long, full-day program?As experienced and as viewed in retrospect, the full daySymposium and half-day Roundtable programs were remarkablefor the ease in which academics and lawyer-scholars from verydifferent legal and cultural backgrounds found common purposeand genuine camaraderie, and an enjoyment in sharing that with<strong>Roger</strong> <strong>Williams</strong> <strong>University</strong> law students and faculty. As theorganizer and convener <strong>of</strong> the programs, I wish to express mygratitude to pr<strong>of</strong>essional colleagues and personal friends whoaccepted my invitation to participate in the programs asmoderators and as speakers. Writing this introduction alsoprovides me a forum to express my gratitude for a personally quitespecial benefit and satisfaction, the privilege <strong>of</strong> meeting, andbecoming friends as well as pr<strong>of</strong>essional colleagues, <strong>of</strong> a mostdistinguished group <strong>of</strong> scholars from abroad: Pr<strong>of</strong>essor DoutourJosé de Oliveira Ascensão, Dean Brian Fitzgerald, Dr. ManualLopes Rocha and Dr. Antõnio de Macedo Vitorino.Finally, though not least, I speak for all who participated inthe Symposium and Roundtable in closing this introduction byexpressing gratitude to others who made the event andpublication <strong>of</strong> this Symposium Issue notable in the young life <strong>of</strong>this law school. We are especially grateful to the Luso-AmericanDevelopment Foundation and its President, Dr. Rui Chancerellede Machete for program and financial support, the <strong>Law</strong> Reviewand its members for their work in editing and publishing thepapers in this Symposium Issue, and Dr. Manuel Duarte deOliveira <strong>of</strong> the Luso-American Development Foundation for hisliaison assistance in Portugal. Most especially, I speak for all inrecognizing my colleague, and at time the Dean, Pr<strong>of</strong>essor HarveyRishik<strong>of</strong> for his encouragement, unstinting support, and spiritedhospitality that made our distinguished guests’ visits to the<strong>University</strong> and the <strong>School</strong> <strong>of</strong> <strong>Law</strong> so congenial and memorable.
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