Closed data

Several mechanisms restrict access to or reuse of data. They include: making data available for a charge. compilation in databases or websites to which only registered members or customers can have access. use of a proprietary or closed technology or encryption which creates a barrier for access. copyright forbidding (or obfuscating) re-use of the data. license forbidding (or obfuscating) re-use of the data (such as share-alike[citation needed] or non-commercial) patent forbidding re-use of the data (for example the 3-dimensional coordinates of some experimental protein structures have been patented) restriction of robots to websites, with preference to certain search engines aggregating factual data into "databases" which may be covered by "database rights" or "database directives" (e.g. Directive on the legal protection of databases) time-limited access to resources such as e-journals (which on traditional print were available to the purchaser indefinitely) webstacles, or the provision of single data points as opposed to tabular queries or bulk downloads of data sets. political, commercial or legal pressure on the activity of organisations providing Open Data (for example the American Chemical Society lobbied the US Congress to limit funding to the National Institutes of Health for its Open PubChem data. The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It harmonizes the treatment of databases under copyright law, and creates a new sui generis right for the creators of databases which do not qualify for copyright.Definition of database Article 1(2) defines a database as "a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means". Non-electronic databases are also covered (para. 14 of the preamble). Any computer program used to create the database is not included (para. 23 of the preamble). Copyright protection of software is governed by Directive 91/250/EEC. Copyright protection is not available for databases which aim to be "complete", that is where the entries are selected by objective criteria: these are covered by sui generis database rights. While copyright protects the creativity of an author, database rights specifically protect the "qualitatively and/or quantitatively [a] substantial investment in either the obtaining, verification or presentation of the contents": if there has not been substantial investment (which need not be financial), the database will not be protected [Art. 7(1)]. Database rights are held in the first instance by the person or corporation which made the substantial investment, so long as: the person is a national or domiciliary of a Member State or the corporation is formed according to the laws of a Member State and has its registered office or principal place of business within the European Union. Article 11(3) provides for the negotiation of treaties to ensure reciprocal treatment outside the EU: as of 2006, no such treaty exists.