| Home > 104th Congressional Bills > H.R. 3262 (ih) To amend title XVIII of the Social Security Act to expand coverage under part B of the Medicare program of certain antibiotics which are parenterally administered in a home setting, and for other purposes. [Introduced in House] %%Filename:...
H.R. 3262 (ih) To amend title XVIII of the Social Security Act to expand coverage under part B of the Medicare program of certain antibiotics which are parenterally administered in a home setting, and for other purposes. [Introduced in House] %%Filename:...
108th CONGRESS 1st Session H. R. 3261 To prohibit the misappropriation of certain databases. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES October 8, 2003 Mr. Coble (for himself, Mr. Smith of Texas, Mr. Hobson, Mr. Greenwood, Mr. Tauzin, and Mr. Sensenbrenner) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To prohibit the misappropriation of certain databases. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Database and Collections of Information Misappropriation Act''. SEC. 2. DEFINITIONS. In this Act: (1) Collective work.--The term ``collective work'' means a work, such as a periodical issue, anthology, or encyclopedia, in which a number of contributions, constituting separate and independent works in themselves, are assembled into a collective whole. (2) Commerce.--The term ``commerce'' means all commerce which may be lawfully regulated by the Congress. (3) Compilation.--The term ``compilation'' means a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship. The term ``compilation'' includes collective works. (4) Covered entity.--The term ``covered entity'' means a legal entity that is-- (A) a telecommunications carrier engaged in the provision of a telecommunications service; (B) a person engaged in the business of providing an Internet access service; (C) a person engaged in the business of providing an Internet information location tool; and (D) a person similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication, except that such person's deletion of a particular communication or material made available in commerce by another person in violation of section 3 shall not constitute such selection or alteration of the content of the communication. (5) Database.-- (A) In general.--Subject to subparagraph (B), the term ``database'' means a collection of a large number of discrete items of information produced for the purpose of bringing such discrete items of information together in one place or through one source so that persons may access them. (B) Exclusions.--The term database does not include any of the following: (i) A work of authorship, other than a compilation or a collective work. (ii) A collection of information that principally performs the function of addressing, routing, forwarding, transmitting, or storing digital online communications or receiving access to connections for digital communications, except that the fact that a collection of information includes or consists of online location designations shall not by itself be the basis for applying this clause. (iii) A collection of information gathered, organized, or maintained to perform the function of providing multichannel audio or video programming. (iv) A collection of information gathered, organized, or maintained to register domain name registrant contact data maintained by a domain name registration authority, unless such registration authority takes appropriate steps to ensure the integrity and accuracy of such information and provides real-time, unrestricted, and fully searchable public access to the information contained in such collection of information. (C) Discrete sections.--The fact that a database is a subset of a database shall not preclude such subset from treatment as a database under this Act. (6) Domain name.--The term ``domain name'' means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. (7) In concert.--A person acts ``in concert'' with another person who makes a database available in commerce if the act of making available in commerce is planned, arranged, coordinated, adjusted, agreed upon, or settled between the two persons acting together, in pursuance of some design or in accordance with some scheme. (8) Information.--The term ``information'' means facts, data, works of authorship, or any other intangible material capable of being generated or gathered. (9) Internet.--The term ``Internet'' means the combination of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. (10) Internet access service.--The term ``Internet access service'' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. Such term does not include telecommunications services. (11) Internet information location tool.--The term ``Internet information location tool'' means a service that refers or links users to an online location on the World Wide Web. Such term includes directories, indices, references, pointers, and hypertext links. (12) Legal entity.--The term ``legal entity'' means a person, other than an individual, including a firm, corporation, union, or other organization, which is organized under the laws of the United States, a State, the District of Columbia, or any commonwealth, territory, or possession of the United States, or the laws of a foreign country. (13) Maintain.--To ``maintain'' a database means to update, validate, or supplement the information contained in the database. (14) Making available in commerce to others.--The term ``making available in commerce to others'' means making available in commerce to-- (A) a substantial number of members of the public; or (B) a number of persons that extends beyond-- (i) a family and its social acquaintances; or (ii) those who could reasonably anticipate to have a database made available in commerce to them without a customary commercial relationship. A court may take into account repeated acts directed to different persons by the same or concerted parties in determining the limits imposed by subparagraph (B)(ii) have been exceeded. (15) Telecommunications.--The term ``telecommunications'' means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. (16) Telecommunications carrier.--The term ``telecommunications carrier'' means any provider of telecommunications services, except that such term does not include any person that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises, for interstate telephone calls using a provider of operator services. (17) Telecommunications service.--The term ``telecommunications service'' means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. SEC. 3. PROHIBITION AGAINST MISAPPROPRIATION OF DATABASES. (a) Liability.--Any person who makes available in commerce to others a quantitatively substantial part of the information in a database generated, gathered, or maintained by another person, knowing that such making available in commerce is without the authorization of that person (including a successor in interest) or that person's licensee, when acting within the scope of its license, shall be liable for the remedies set forth in section 7 if-- (1) the database was generated, gathered, or maintained through a substantial expenditure of financial resources or time; (2) the unauthorized making available in commerce occurs in a time sensitive manner and inflicts injury on the database or a product or service offering access to multiple databases; and (3) the ability of other parties to free ride on the efforts of the plaintiff would so reduce the incentive to produce the product or service that its existence or quality would be substantially threatened. (b) Injury.--For purposes of subsection (a), the term ``inflicts an injury'' means serving as a functional equivalent in the same market as the database in a manner that causes the displacement, or the disruption of the sources, of sales, licenses, advertising, or other revenue. (c) Time sensitive.--In determining whether an unauthorized making available in commerce occurs in a time sensitive manner, the court shall consider the temporal value of the information in the database, within the context of the industry sector involved. SEC. 4. PERMITTED ACTS. (a) Independently Generated or Gathered Information.--This Act shall not restrict any person from independently generating or gathering information obtained by means other than extracting it from a database generated, gathered, or maintained by another person and making that information available in commerce. (b) Acts of Making Available in Commerce by Nonprofit Educational, Scientific, or Research Institutions.--The making available in commerce of a substantial part of a database by a nonprofit educational, scientific, and research institution, including an employee or agent of such institution acting within the scope of such employment or agency, for nonprofit educational, scientific, and research purposes shall not be prohibited by section 3 if the court determines that the making available in commerce of the information in the database is reasonable under the circumstances, taking into consideration the customary practices associated with such uses of such database by nonprofit educational, scientific, or research institutions and other factors that the court determines relevant. (c) Hyperlinking.--Nothing in this Act shall restrict the act of hyperlinking of one online location to another or the providing of a reference or pointer (including such reference or pointer in a directory or index) to a database. (d) News Reporting.--Nothing in this Act shall restrict any person from making available in commerce information for the primary purpose of news reporting, including news and sports gathering, dissemination, and comment, unless the information is time sensitive and has been gathered by a news reporting entity, and making available in commerce the information is part of a consistent pattern engaged in for the purpose of direct competition. SEC. 5. EXCLUSIONS. (a) Government Information.-- (1) In general.--Except as provided in paragraph (2), protection under this Act shall not extend to-- (A) a database generated, gathered, organized, or maintained by a Federal, State, or local governmental entity, or by an employee or agent of such an entity, acting within the scope of such employment or agency; or (B) a database generated, gathered, or maintained by an entity pursuant to and to the extent required by a Federal statute or regulation requiring such a database. (2) Exception.--Nothing in this section shall preclude protection under this Act for a database gathered, organized, or maintained by an employee or agent of an entity described in paragraph (1) that is acting outside the scope of such employment or agency, or by a Federal, State, or local educational institution, or its employees or agents, in the course of engaging in education, research, or scholarship. (b) Computer Programs.-- (1) Protection not extended.--Subject to paragraph (2), protection under section 3 shall not extend to computer programs, including any computer program used in the manufacture, production, operation, or maintenance of a database, or to any element of a computer program necessary to its operation. (2) Incorporated databases.--A database that is otherwise subject to protection under section 3 is not disqualified from such protection solely because it resides in a computer program, so long as the collection of information functions as a database within the meaning of this Act. SEC. 6. RELATION TO OTHER LAWS. (a) Other Rights Not Affected.-- (1) In general.--Subject to subsection (b), nothing in this Act shall affect rights, limitations, or remedies concerning copyright, patent, trademark, design rights, antitrust, trade secrets, privacy, access to public documents, and misuse. (2) Right of contract.--Notwithstanding subsection (b), nothing in this Act shall affect rights, limitations, or remedies concerning the common law right of contract. (b) Preemption of State Law.-- (1) Laws regulating conduct that is subject of the act.--On or after the effective date of this Act, no State statute, rule, regulation, or common law doctrine that prohibits or otherwise regulates conduct that is the subject of this Act shall be effective. (2) Clarification of inapplicability to cases not involving commercial competition.--Paragraph (1) shall not apply to preempt actions under State law against a person for taking actions that-- (A)(i) disrupt the sources of data supply to a
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