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Accessing data and selling data are the same thing. For example; “I’m going to give you access to the answer for a math equation”. When you use your access to v

by jbob2000 8y ago

Accessing data and selling data are the same thing. For example; “I’m going to give you access to the answer for a math equation”. When you use your access to view the answer, you have the data and you don’t need access any more! “Ok great, 1+1 equals 2, you can take your calculator back now and I’ll call you up if I need access to it again”.

averageperson 8y ago
However, legally they are not the same thing.
- rhizome 8y ago
  That depends on the jurisdiction, doesn't it?
  - averageperson 8y ago
    Is there a jurisdiction that treats ownership and permission to do something as the same thing?
    - rhizome 8y ago
      You mean in the "possession is 9/10ths of the law" sense?
      - averageperson 8y ago
        Isn't that a principle relating to proving ownership? If yes, then no, that is not what I meant, although I think I see what you are getting at. What I meant was, "Is there a jurisdiction where a company cannot license (permit) access to data contigent on prior assent to an agreement with conditions on use, duration of use, transfer, etc. such that the licensee does not get the same rights as the owner of the data?"
        rhizome 8y ago
        It's not a principle relating to proving ownership. You cannot own contraband, for instance. "Is there a jurisdiction where a company cannot license (permit) access to data contigent on prior assent to an agreement with conditions on use, duration of use, transfer, etc. such that the licensee does not get the same rights as the owner of the data?" I, uh...do you mean...nevermind, I can't figure it out. Can you rearrange the question into a less pseudolegal form?
        averageperson 8y ago
        "Is there a jurisdiction where there is no legal distinction between selling data (transferring ownership) and providing access to data for a fee (licensing)?" I thought perhaps you had a jurisdiction in mind where there is no difference. Needless to say, in the US and in many other countries where Facebook conducts business, there is a difference.

averageperson 8y ago

However, legally they are not the same thing.

rhizome 8y ago
That depends on the jurisdiction, doesn't it?
- averageperson 8y ago
  Is there a jurisdiction that treats ownership and permission to do something as the same thing?
  - rhizome 8y ago
    You mean in the "possession is 9/10ths of the law" sense?
    - averageperson 8y ago
      Isn't that a principle relating to proving ownership? If yes, then no, that is not what I meant, although I think I see what you are getting at. What I meant was, "Is there a jurisdiction where a company cannot license (permit) access to data contigent on prior assent to an agreement with conditions on use, duration of use, transfer, etc. such that the licensee does not get the same rights as the owner of the data?"
      - rhizome 8y ago
        It's not a principle relating to proving ownership. You cannot own contraband, for instance. "Is there a jurisdiction where a company cannot license (permit) access to data contigent on prior assent to an agreement with conditions on use, duration of use, transfer, etc. such that the licensee does not get the same rights as the owner of the data?" I, uh...do you mean...nevermind, I can't figure it out. Can you rearrange the question into a less pseudolegal form?
        averageperson 8y ago
        "Is there a jurisdiction where there is no legal distinction between selling data (transferring ownership) and providing access to data for a fee (licensing)?" I thought perhaps you had a jurisdiction in mind where there is no difference. Needless to say, in the US and in many other countries where Facebook conducts business, there is a difference.