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Forums » Behavioral Advertising Could Be Illegal » IP right in own personal data?
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nasadude

join:2001-10-05
Rockville, MD
·Comcast

IP right in own personal data?

I wonder if the argument can be made that a person has copyright over his own personal data? hell, with the law as it is these days, just writing something down confers copyright protection.

A person could then sue anyone using that data in a manner they don't like.
to forum · permalink · · 2008-05-20 10:30:15 · Reply to this

dcurrey

join:2004-06-29
·ViaTalk

 I was kind of wondering something like that also. I create a webpage with my own ads added. The isp inspect and changes page and republishes it with different ads. Does this no violate my copyright on the page.

Couldn't any website sue the isp since they are not only changing the content but are hurting the income that the page owner could have received if the proper ads are in place.
to forum · permalink · · 2008-05-20 10:34:28 · Reply to this

amigo_boy

join:2005-07-22
Tempe, AZ
·magicjack.com
·EarthLink

reply to nasadude
said by nasadude See Profile :

I wonder if the argument can be made that a person has copyright over his own personal data?
It would be a little more involved than that. But, it's possible. ISPs would argue that your activities are "facts" and facts can't be copyrighted. But, you could argue that your activities as a whole (the compilation of individual activities/facts) is creative expression. Even that your online activities are a "performance."

It would be a stretch. And, all they'd have to do is change their ToS to say you surrender your copyright interest in exchange for using their service.

The stronger position is to sue ISPs using the same laws used to sue them over disclosing information to the government. Those laws were put in place to prevent telcos from disclosing personal information (like call records). Disclosing information about sites you visited seems similar to disclosing phone numbers you called.

Mark
to forum · permalink · · 2008-05-20 12:01:42 · Reply to this
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