This bill will impede research by restricting the ability of scientists to draw on data, facts and even mathematical formulas from previous scientific work for the production of new and innovative work. It is for this reason, Madam Speaker, that I ask that the bill be defeated on suspension, and, hopefully, brought back after further study. H.R. 2652 addresses one aspect of the complex subject of adjusting intellectual property protection laws to meet the demands of the digital age. Unfortunately it is a flawed and controversial attempt, which should not have come to the Floor on the Suspension Calendar. Progress in science requires full and open availability of scientific data.
New knowledge is built on previous findings and unfettered access and use of factual information.
The bill will impede research by restricting the ability of scientists to draw on data, facts, and even mathematical formulas from previous scientific work for the production of new, innovative works. To date, these types of activities have not only been permissible, but expressly protected under copyright law and the fair use concept. Also, there is no language for mandatory legal licenses, or other limitations, that would require providers of sole source databases to make data available for research, education, and other public interest uses on fair and equitable terms. Many fields of inquiry that involve statistical compilations and analysis of raw data would be restricted by this bill, such as climate modeling and economic forecasting. Also, research activities involving collaborative sharing of large data bases, such as the sequencing of the human genome, would be adversely affected.