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Ninei STATESO Congresso House Commons: ON THE Jului
CIARY. SURORIITTEE ON CowinTS AND INTE ni PROPERTY
Printed for the use of the Committee on the Judiciary
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2000
For sale by the U.S. Government Printing Office
COMMITTEE ON THE JUDICIARY
HENRY J. HYDE, Illinois, Chairman F. JAMES SENSENBRENNER, JR.,
JOHN CONYERS, JR., Michigan Wisconsin
BARNEY FRANK, Massachusetts BILL McCOLLUM, Florida
HOWARD L. BERMAN, California GEORGE W. GEKAS, Pennsylvania
RICK BOUCHER, Virginia HOWARD COBLE, North Carolina
JERROLD NADLER, New York LAMAR S. SMITH, Texas
ROBERT C. SCOTT, Virginia ELTON GALLEGLY, California
MELVIN L. WATT, North Carolina CHARLES T. CANADY, Florida
ZOE LOFGREN, California BOB GOODLATTE, Virginia
SHEILA JACKSON LEE, Texas ED BRYANT, Tennessee
MAXINE WATERS, California STEVE CHABOT, Ohio
MARTIN T. MEEHAN, Massachusetts BOB BARR, Georgia
WILLIAM D. DELAHUNT, Massachusetts WILLIAM L. JENKINS, Tennessee
ROBERT WEXLER, Florida ASA HUTCHINSON, Arkansas
STEVEN R. ROTHMAN, New Jersey EDWARD A. PEASE, Indiana
TAMMY BALDWIN, Wisconsin
ANTHONY D. WEINER, New York
THOMAS E. MOONEY, SR., General Counsel-Chief of Staff
SUBCOMMITTEE ON COURTS AND INTELLECTUAL PROPERTY
HOWARD COBLE, North Carolina, Chairman F. JAMES SENSENBRENNER, JR.,
HOWARD L. BERMAN, California Wisconsin
JOHN CONYERS, JR., Michigan ELTON GALLEGLY, California
RICK BOUCHER, Virginia BOB GOODLATTE, Virginia
ZOE LOFGREN, California WILLIAM L. JENKINS, Tennessee
WILLIAM D. DELAHUNT, Massachusetts EDWARD A. PEASE, Indiana
ROBERT WEXLER, Florida
MITCH GLAZIER, Chief Counsel
BLAINE MERRITT, Counsel
DEBBIE K. LAMAN, Counsel
LC Control Number
12 2 2 4321
Carolina, and chairman, Subcommittee on Courts and Intellectual Property
Duncan, Dan, Vice President, Government Affairs, Software & Information
Henderson, Lynn, President, Doane Agricultural Services Company
McDermott, Terrence, Executive Vice President, the National Association of
States, Library of Congress
Pincus, Andrew, General Counsel, United States Department of Commerce
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
Winokur, Marilyn, Executive Vice President, Micromedex, Inc.
COLLECTIONS OF INFORMATION ANTIPIRACY
THURSDAY, MARCH 18, 1999
HOUSE OF REPRESENTATIVES,
Washington, DC. The subcommittee met at 11:05 a.m. in Room 2226 of the Rayburn House Office Building, the Honorable Howard Coble, chairman of the subcommittee, presiding.
Members present. Coble, Sensenbrenner, Goodlatte, Jenkins, Pease, Rogan, Bono, Berman, Lofgren and Delahunt.
Staff present. Majority: Mitch Glazier, Chief Counsel; Vince Garlock, Counsel; Eunice Goldring, Staff Assistant; Minority: Bari Schwartz, Minority Counsel.
OPENING STATEMENT OF CHATRMAN COBLE Mr. COBLE. Good morning, ladies and gentlemen. My friend Howard Berman, the ranking member, is on his way. In fact, he has just entered the room so we can continue.
Initially I want to apologize to you all. We tried to have this hearing convened in Room 2141, the home of the full Judiciary committee, but it was already taken by another subcommittee. This is why you all are elbow to elbow today. Hold me harmless for that because we did try to get a larger room.
The Subcommittee on Courts and Intellectual Property will come to order. Today the subcommittee is conducting a legislative hearing on H.R. 354, the Collections of Information Antipiracy Act, which strikes a balance as the information age arrives. The balance provides adequate protection to assure that there is an incentive of companies to invest in the development of collections of information without inhibiting members of the scientific, library and research communities from carrying on their work.
This bill, as a compliment to copyright law, relies on unfair competition principles to prevent a party from misappropriating another's collection of information. In the event a person misappropriates a substantial portion of another's collection of information to the extent it will harm the original collector's ability to compete the
misappropriator would be subject to injunction and damages.
This bill is nearly identical to the legislation which passed the House of Representatives not once but twice last year. H.R. 354 differs from last year's legislation in two ways. First, it clarifies that the term of protection for a collection of information is limited to