Comment by rvcdbn | Hacker News Reader

Comment by rvcdbn | Hacker News Reader

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I’m going to go out on a limb here and assume that you’re making this statement because it feels like they should have some intellectual property rights in this case. Independently of whether that feeling corresponds to legal reality (the original question) I would also encourage you to question the source of this feeling. I believe it is rooted in an ideology where information is restricted as property by default. This is a dangerous ideology that constantly threatens to encroach on intellectual freedom e.g. software patents, gene patents. We have a wonderful tradition in the US that information is free by default. It has been much eroded by this ideology but I believe freedom is still legally the default unless the information falls under the criteria of trademark, copyright or patent. I think it’s important to recognize how this ideology of non-freedom has perniciously warped people’s default expectation around information sharing.

It has nothing to do with any sort of feeling. Perhaps you should check your own mental state.

It is the same as any confidential data. Logs, readings from sensors, etc etc. If it's confidential and given to a 3rd party through a contract that doesn't mean that it's suddenly not confidential data for the rest of the world, even if the 3rd party leaks it.

And if you really have a lawyer trying to tell you that some, at best, extreme grey area, is fine to build a business on, I think you should find a new lawyer.

I think that just further shows your worldview that defaults to information/data as property. I think this is wrong both in the sense that it isn't really what the law says (but aren't going to agree here anyway) but more importantly I think what it should say. Information should not be and is not property by default. There are only three specific ways in which it can become property ("intellectual property"): copyright, trademark and patent. If it's none of those then the government doesn't get to make any rules about how anyone deals in the data because of the 1st Amendment. That's my understanding of the US system at least.

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