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While two bills aimed at protecting a collection of data are wending their way through Congress, companies with proprietary databases typically rely on copyright to protect their archives of data. Gracenote's case will clarify how current database laws should be interpreted.
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"The most egregious part of this lawsuit is that the company has taken the public's work and propertized it," said Robin Gross, an attorney for the Electronic Frontier Foundation, which fights for public rights on the Internet.įurthermore, Gracenote's copyright is backed with a software patent, which in some part gives the company a lock on the organization of such a database. Because much of the database was entered in by the public, they argue that the public should own the result. While Gracenote claims the collection of CD information at the heart of the CDDB system belongs to the company, many cyber-rights activists and open-source advocates are raising eyebrows. "A lot of companies are looking at us, but they hesitate because they are afraid of being sued." "Obviously, we would like more companies to integrate their software with MusicBrainz," said Robert Kaye, the lead programmer behind, which recently changed its name from. The outcome of the suit will determine whether CD-listing services owned by the public can exist.
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However, the suit aims to prevent any of Gracenote's 1,800 commercial licensees and 2,200 free licensees from jumping to competitors. Roxio originally intended in late April to shift its software from Gracenote's CDDB to the database run by. Kernel of software and data-information that Gracenote claims is its own. While uses a different system that is incompatible with the Gracenote database, uses the same
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Like Gracenote's CDDB, the two open-source services allow people to download information from the Internet on just about any audio CD they insert into their computer. More immediately, the case will determine the fate of two alternative CD databases- and -that were created after several programmers on the Internet realized that Gracenote had essentially fenced off the original CDDB by changing the terms of the licenses. If Gracenote wins, other databases relying on individuals' submissions could be considered the property of whatever company collects and formats the data. If Roxio wins, open-source competitors to Gracenote will be legally free to build databases that can't be co-opted by others. The issue is central to a lawsuit that could potentially affect a variety of communities throughout the Internet, from so-called open-source programming projects to comments archived on online bulletin boards. While the legal dispute centers on whether Roxio can use online databases created by people on the Internet, many people are concerned that CDDB-maintained for the last three years by Gracenote but built from individuals' submissions-can be owned.
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Already, thousands of customers have been cut off from the largest such online database, a collection of 885,000 records called CDDB. The data blackout is the result of a copyright battle between the two companies that may have far-reaching consequences.
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"I blame Gracenote," Smith said, for "taking what is essentially an open-source database and closing it off." Because so many people voluntarily helped build the database, being locked out is a slap in the face, said the software engineer who asked that his real name not be used. Roxio products were no longer supported by Gracenote's CD information service, which housed the database Smith had been using to match song and album titles with a disc placed into his computer-a collection entered in large part by individuals on the Net. Yet this time, instead of displaying the usual song information, the popular CD-burning software made by Roxio delivered a different message. 41 impressive questions to ask in a job interviewĮarlier this month, when he decided to record a new compact disc, Joe Smith followed a procedure he's done hundreds of times: Insert the CD, get into the online music database and select songs.