Is There a Right to Mine (r2m) or Is It a Subject to Licences?
Prof. Dr. emeritus Rainer Kuhlen, Department of Computer and Information Science, University of Konstanz, Germany
Abstract. With the electronic availability of large amounts of text and data, a new paradigm both in scientific research and commercial exploitation is developing. The techniques of extracting and deriving new pieces of knowledge from existing knowledge are equally important as the original empirical and experimental research. Should text and data mining (TDM) be a free domain in scientific research or should it be a field dominated by commercial exploitation interests? This is a particularly hot topic in the current debate on further measures to stimulate a European online content market: “to explore the potential and limits of innovative licensing and technological solutions in making EU copyright law and practice fit for the digital age.” (http://ec.europa.eu/digital-agenda/). It is still an open question whether access to text and data for research purposes should depend on contractual agreements (licenses) between rights owners and users or whether free access should be guaranteed by a legally binding exception/limitation in copyright law. This paper will discuss in detail the underlying legal, economic, ethical and scientific problems of TDM with special attention to copyright regulation and European information market strategies.
Bio. Professor Kuhlen studied philosophy, literature and sociology in Münster University. He received his PhD degree from the University of Regensburg and became professor of computational linguistics at the Department of Computer Science of Koblenz University. In 1980, he moved to the then newly founded Department of Computer and Information Science of University of Konstanz where he carried out research on and taught information retrieval, information ethics and politics, collaborative knowledge management for e-learning, and information markets until his retirement in 2010. Professor Kuhlen chaired several committees including the Committee of Communication and Information of the German Commission for UNESCO, UNESCO Chair for Communications (ORBICOM), Nethics e.V. (Ethics im the Net), and German Coalition “Copyright for education and Science”. He also acts as consultant and expert among others for DFG , the Volkswagen Foundation , the Goethe Institute , the Leibniz Association , the Federal Ministry for Education, Science and Culture, especially in the area the copyright adaptation.