Big Data Is A Big Headache
Thanks to Todd Janzen, @janzenlaw, for pointing out these data related issues in ag:
Feel Free to Hack your Tractor John Deere’s claim to US Copyright Office cl: aiming that it licenses tractor software to farmers caused WIRED magazine claim that John Deere owns your tractor. The US Copyright Office decided that farmers should be able to repair and modify their tractor’s software, in spite of copyright protection. SO WIRED got it wrong along with John Deere.
On the bigger issue of ag data ownership:
Companies are forming now to advise landowners on the best possible rental rates for their investment based on yield, soil and other data. It is commonly referred to as Ag Data. Having access to that data will be the difference between a company that provides value and one that only provides snake oil and herbal based remedies.The concept of ag data “ownership” is not recognized by United States law. Farmers like to say “I own my ag data.” Ag technology companies like to say “the farmer owns their data.” And you need a release to get it. And the industry representatives like to say “the farmer should down their data.” But the reality is that “ownership” is a legal principle that must be recognized by courts or a law, and that has not yet happened in the United States for ag data.
Ownership-the right of possession, use, control, and to exclude others of the same-has long been classified different ways in the United States depending on what type of property is being “owned.” The courts recognize three forms of property.
Real Property. As much as I don’ t like anything English, the Courts in England granted an owner of real property a number of rights, such as the right to exclude others, and the right grant others a lesser estate (such as tenancy) in land. That is where the term landlord comes from, though I am on a mission to replace it with landowner.
Personal Property. Personal property can be more easily transferred or shared than real property. Things like cars, horses, cattle and paper are personal property. So might be a chicken shed on skids. Should a shed stay when a lease ends or should the tenant be allowed to take it with him? The answer depends on whether it is “real” or “personal” property. Personal property is generally movable while real property is not.