{"title":"Disclosing Big Data","authors":"Michael Mattioli","doi":"10.2139/SSRN.2358985","DOIUrl":null,"url":null,"abstract":"This Article reveals that the law is failing to adequately encourage producers of “big data” to disclose their most innovative work to the public. “Big data” refers to a new industrial and scientific phenomenon that holds the potential to transform diverse industries — from medicine, to energy, to online services. At the heart of this phenomenon are innovative and complex practices by which experts shape featureless digital records into valuable information products. The fact that these big data practices are unlikely to be disclosed to the public is worrisome for familiar reasons: the law generally prefers to induce technological disclosure in order to serve the goal of promoting progress. Beyond this general concern, the nondisclosure of big data practices threatens innovation in unique ways that are particularly insidious. The cause of this problem, and possibly its resolution, lies in the interplay between big data and intellectual property law — a nexus that scholars have not explored until now.","PeriodicalId":47393,"journal":{"name":"Minnesota Law Review","volume":"1 1","pages":""},"PeriodicalIF":3.0000,"publicationDate":"2014-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"21","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Minnesota Law Review","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.2358985","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 21
Abstract
This Article reveals that the law is failing to adequately encourage producers of “big data” to disclose their most innovative work to the public. “Big data” refers to a new industrial and scientific phenomenon that holds the potential to transform diverse industries — from medicine, to energy, to online services. At the heart of this phenomenon are innovative and complex practices by which experts shape featureless digital records into valuable information products. The fact that these big data practices are unlikely to be disclosed to the public is worrisome for familiar reasons: the law generally prefers to induce technological disclosure in order to serve the goal of promoting progress. Beyond this general concern, the nondisclosure of big data practices threatens innovation in unique ways that are particularly insidious. The cause of this problem, and possibly its resolution, lies in the interplay between big data and intellectual property law — a nexus that scholars have not explored until now.
期刊介绍：
In January 1917, Professor Henry J. Fletcher launched the Minnesota Law Review with lofty aspirations: “A well-conducted law review . . . ought to do something to develop the spirit of statesmanship as distinguished from a dry professionalism. It ought at the same time contribute a little something to the systematic growth of the whole law.” For the next forty years, in conjunction with the Minnesota State Bar Association, the faculty of the University of Minnesota Law School directed the work of student editors of the Law Review. Despite their initial oversight and vision, however, the faculty gradually handed the editorial mantle over to law students.
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