Database protection - Essay Example

Database Protection in the USA If technical measures are used to circumvent a database not located in the USA by a non ized user in the USA, the database owner has viable options depending on the country they are from. International and USA law creates legal options for compensation and to stop the hacker from using another’s intellectual property.A database is defined as intellectual property. International law on Intellectual property is regulated by the World Trade Organization under a treaty called TRIPS (“Intellectual Property.”). Article 10 of TRIPS states:1.

Computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention (1971).2. Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such (“Agreement on Trade-Related.”).If the database owner wanted to, they could file a petition with the WTO. Every WTO member must abide by the statement above, or risk sanctions (“The Digital Copyright.”) The petition filed to the WTO is basically a court hearing, with a judge, lawyers, plaintiff, and defendant.

The only difference is that not all of the players in this court case are Americans, but from various countries belonging to the WTO. Whatever the judge decides, the defendant’s country, or America in this case, is left to uphold. If it was proven that the database had been accessed illegally and copies distributed, then America would enforce the penalty, ranging from prison to restitution. Most of the time restitution is the scenario. Let it be noted that only twenty-five cases of intellectual property theft has been petitioned to the WTO (“Agreement on Trade-Related.”). Another means for the database owner would be to file suit either in American federal or state court where the defendant is from.

America has copyright laws for intellectual property. Because of the WTO, every WTO member must have current laws protecting intellectual property, America is no exception. By suing through the American justice system, the database owner could have an injunction placed on the product from the database immediately. American laws would also punish the hacker, if they were found guilty, by restitution or jail time. The two options above all depend on the database owner and where they live.

If from a developed country like Russia or one of the European states, it is very likely justice will be done and their database will be protected. However, if from an underdeveloped country, like Cambodia or an African state the database owner will lose their property. One because their country does not have the existing WTO treaty or their country already has sanctions. Two the database owner would not have the resources to travel to America and file a complaint within the justice system.

In the end, databases are intellectual property. Intellectual property is hard to defend. This new growing trend of databases and computers are surpassing existing laws. An American thief can steal in a couple of seconds; the justice system takes years to restore. Works Cited“Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994).” World Trade Organization. 29 July 2006. WTO. 29 July 2006 http://www.wipo.int/clea/docs_new/en/wt/wt001en.html#P148_13696 “Intellectual Property.

” Wikipedia the free Encyclopedia. 29 July 2006. Wikipedia. 29 July 2006 http://en.wikipedia.org/wiki/Intellectual_property “The Digital Copyright Act of 1998; U.S. Copyright Office Summary.” U.S. Copyright Office. December 1998. U.S. Copyright Office. 29 July 2006 http://www.copyright.gov/legislation/dmca.pdf