Data as a public good

“Data are non-rival and non-excludable by their very nature: many parties can use them at the same time without any loss of utility for any of the parties. If they are not made excludable by law they become a public good.”

Why law based data ownership matters

“Economists are inclined to think that well-defined and easily enforceable property rights are an efficient way to organize an economy. They reduce uncertainty and the margins for bargaining, thereby reducing transaction costs that create deadweight welfare losses for society. […]

Why contracts are not enough for data ownership

“[Contracts] generate a degree of uncertainty about outcomes or unresolved [claims]. The advantage of having a legally specified ownership right is that the law allocates these [rights] to a party.”

Absent legal data ownership regime doesn’t equal to data ownership rights

“[An] incomplete or even a totally absent legal ownership regime does not mean that there are no ownership rights. On the contrary, a legal vacuum is usually filled up by de facto ownership rights.