RE: [projectvrm] Data Ownership Question

["Crosbie Fitch" < >]

> From: J. Trent Adams 
> [mailto:
 ]
>  
> I remember some discussion around this at the recent 
> workshop, and rather 
> than reinventing the wheel I wonder if anyone could point me toward a 
> cogent distillation of the salient points.

Here's my distillation of the salient points - though I doubt they represent
a consensus opinion.

1. An individual can only own (control access to and use of) what is within
their private domain.
2. In terms of data ownership, an individual can only own the data in their
private domain.
3. In terms of (transferable) intellectual property, an individual can only
treat as private property the intellectual works within their private
domain.
4. In terms of the publication of data or an intellectual work (aka speech),
in addition that it does not endanger life, or violate anyone's privacy, one
can only further require that it does not impair the truth.
5. Unlike individuals, corporations, not being natural persons, can be
further regulated and constrained (though this still cannot apply to their
human constituency).

Thus:

* An individual surrenders ownership of their data or IP upon sale or gift
(voluntary release from their private domain).
* A corporation may be obliged to adhere to their published 'privacy policy'
concerning the data or IP supplied to them and to be bound to any
non-disclosure agreements.
* Individuals cannot alienate themselves from their freedom of speech and
thus cannot be bound to 'privacy policies' or NDAs, and would commit a
misrepresentation should they claim otherwise.

NB Ownership is not communicated by similarity. It is easy to be misled by
the mercantile privileges of patent and copyright in this respect.

More background reading here:
http://www.digitalproductions.co.uk/index.php?id=117