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EU Ruling: Self-Driving Car Data Will Be Copyrighted By the Manufacturer (boingboing.net)
Yesterday, at a routine vote on regulations for self-driving cars, members of the European Peoples' Party voted down a clause that would protect a vehicle's telemetry so that it couldn't become someone's property. The clause affirmed that "data generated by autonomous transport are automatically generated and are by nature not creative, thus making copyright protection or the right on data-bases inapplicable." Boing Boing reports: This is data that we will need to evaluate the safety of autonomous vehicles, to fine-tune their performance, to ensure that they are working as the manufacturer claims -- data that will not be public domain (as copyright law dictates), but will instead be someone's exclusive purview, to release or withhold as they see fit. Who will own this data? It's unlikely that it will be the owners of the vehicles.
It's already the case that most auto manufacturers use license agreements and DRM to lock up your car so that you can't fix it yourself or take it to an independent service center. The aggregated data from millions of self-driving cars across the EU aren't just useful to public safety analysts, consumer rights advocates, security researchers and reviewers (who would benefit from this data living in the public domain) -- it is also a potential gold-mine for car manufacturers who could sell it to insurers, market researchers and other deep-pocketed corporate interests who can profit by hiding that data from the public who generate it and who must share their cities and streets with high-speed killer robots.
It's already the case that most auto manufacturers use license agreements and DRM to lock up your car so that you can't fix it yourself or take it to an independent service center. The aggregated data from millions of self-driving cars across the EU aren't just useful to public safety analysts, consumer rights advocates, security researchers and reviewers (who would benefit from this data living in the public domain) -- it is also a potential gold-mine for car manufacturers who could sell it to insurers, market researchers and other deep-pocketed corporate interests who can profit by hiding that data from the public who generate it and who must share their cities and streets with high-speed killer robots.
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Filter error: Don't use so many caps. It's like YELLING.
Filter error: Don't use so many caps. It's like YELLING.
Filter error: Don't use so many caps. It's like YELLING.
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Who are we to tell a private company what to do with their private data?
Let the market decide. If consumers want cars with publicly accessible data, then that will become the standard. Otherwise, let each companies decide what is best for their self.
Last time I read the Constitution I did not find a section which provides an unalienable right to car data nor car repair.
Self-Driving Car Data Will Be Copyrighted By the Manufacturer
"data generated by autonomous transport are automatically generated and are by nature not creative, thus making copyright protection or the right on data-bases inapplicable."
Surely stating that copyright protection is not applicable means that the manufacturer cannot copyright it either.
Doesn't this mean that most useful data isn't copyrightable?
IANAL, but I've done some research on database copyright law in the EU. So, in the EU, databases (which aren't necessarily data kept in a DBMS, but just collections of data) are not copyrightable except in case of 'sui generis' databases, which are copyrightable 'if they constitute intellectual creation by virtue of the selection or arrangement of their contents.' The conditions a database needs to meet in order to constitute intellectual creation have always been a little unclear to me.
Anyway, whoever wrote the struck-down clause was trying to affirm that these data do not qualify as sui generis, and therefore cannot be copyrighted. But just because the clause was removed doesn't make it obvious that the data do qualify as sui generis and therefore are eligible for copyright. I suspect it kicks the question down the road to some kind of court proceedings. But that's just a guess; it'll be interesting to see what happens.
OK, so let's say the self-driving car company holds a copyright on the data generated by your movements around town, but Google is already collecting this data and probably a bunch of other companies as well. Does this set up a legal battle when that information gets sold to third parties, as it inevitably will? I wonder, when every corporation is able to track everything we do, will our personal data still have any value to them? If they can't use it to gain advantage, will they still fight so hard to collect it?
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So will it take an criminal trial to force them to give out the data?? Say just an basic civil case they can say no DATA for you.
The clause which was removed disallowed copyright on telemetry data, but removing it does not give that copyright to the manufacturer. This does leave room for a law which gives a non-transferable copyright to the driver of the car.
This is unlikely, the party which voted to remove this clause seems to be firmly in the pocket of business interests, but it's not fair to say that they've sold everyone out just yet.
I'm not a lawyer, but who ever does the work to make the data - the owner of the car telling it to go somewhere - owns the copyright.
It's like Adobe saying anything you create in Photoshop is the exclusive property of Adobe.
It's either data and can't be copyrighted, it's owned by the owner of the vehicle, or the vehicle owner has explicitly transferred the rights of the information.
Nobody will mind. How would it hinder arranging a pick up through an app or using the service?
Could this be the EU's way of blocking the right to repair?
Reading the data from the car and doing repair work is an opening to counterfeiting?
Would the EU like to see only authorized companies able to use the car data?
The loss of any freedom to talk about EU car repair on the internet?
What happens when the car owner violates EU car copyright laws?
Your car needs a service.
The car company believes no car should get an unauthorized service.
You are an unfit car owner.
Your car will be placed in the custody of the car company.
Domestic spying is now "Benign Information Gathering"
Immigrants will only be able to purchase/be given self-driving cars (and trucks).
Spend your free time at local car dealerships, asking to see cars that don't collect data. Leave when they fail to guarantee it. If you're really bored, start the purchase process and back out at the last minute when you "realize" that the cars collect and share data about you that is beyond your control. The dealerships will put pressure on the manufacturers, or they will sell different cars.
and "Intellectual Property" too while we're at it. If the ruling class is going to claim ownership of everything that's fine, but we'll tax the heck out of it so they can't use that ownership to gut the commons. Or, well, we'll let them gut the commons and go back to the gilded age. Not sure which yet.
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Let the bidding begin, at $1 per mile of data.
If autonomous driving data belongs to the manufacturer, then I won't be buying a vehicle with autonomous features, ever.
should that not apply to telemetry data as well?
who owns airplane black box data?
as the same type of data needs to be same say in self driving cars
Someone argue that gathering this data, if it is to be copyrighted by the manufacturer, ought to count as a work-for-hire for the owner of the vehicle.
For if it is to get copyright protection then surely the owner of the vehicle has the most pressing interest that the data be theirs. (This has interesting implications for that already-mandatory black box inside new cars, "eCall".)
If you are in one of the five eyes nations the new class of Access and Assistance Bills our Attorney Generals are negotiating will mean data generated by your car can be legally taken without your knowledge and used as evidence against you.
See section 27D
You had better not unknowingly go anywhere or be around someone you should not.
My ism, it's full of beliefs.
Driving is a performance, and the digital data recorded by driving is the intellectual property of the driver.
Guillotine!
We know how that ends. It's messy.
Who will be recording the garage of the house without the consent of the owner?
Or its garden, its home facade, its family around the home, etc.