Post
by Eagle130 » Mon Nov 27, 2023 11:58 am
You are right Slogen, the sale of such data does create issues with the legality of how the data was obtained in the first place, its a bit of a grey area.
I would also like to add the intellectual property (IP) rights conversation comes into the discussion somewhat. As a feeder, you are technically generating IP for yourself, in the same way that someone on YouTube might film a clip of a tree (capturing readily available information anyone can access) they have generated IP specific to themselves through the input of effort into the filming. Then by editing the video in any way, even just downloading it from the computer and re-uploading it to YouTube, the data associated with that video becomes their own in the online world, with associated rights not to be plagiarised. Noting that YouTube is a slightly different case as they still own some of the rights to the participants IP but the concept should hopefully make sense, allow me to elaborate in a more realistic setting.
For example, someone picks up ACARs messages from the open source sky (as per American rules POL mentioned) and decodes them through the software in their feeder or however it works to convert the signal of a transmitted electromagnetic wave/Binary signal into the text displayed on a screen. That simple act of capturing and decoding the message has generated IP, even if multiple feeders collect the same signal, each instance will be slightly different, thus individualised IP. Once that data is sent out to a hosting site such as ADSB exchange or the previous ACARs site, that individual has a right to the intellectual property they have generated. Thus getting complicated when it comes to the website trying to sell data they may not have the IP rights to. Not sue if any of the sites have a clause to mitigate this in the T's and C's (I'm sure they might but I don't feed so I am unsure).
Such a clause would effectively render the feeder unable to reclaim their data as their own or any associated profits made by the website through sale of such data, arguably not acceptable especially if you have not been told as such in the initial agreement. This is why typically there is some form of payment for the feeder data, take the FR24 provision of electronics to feed with and a free business subscription if you feed, in this case there has then been a fair exchange of goods/services (IP for Subscription) and everyone is happy without legal difficulties. This would all be outlined in the T's and C's in the user agreement that gets signed and agreed before the exchange takes place, entering the feeder into a legally binding contract with the website.
Speculating a little bit here but I wonder if this is also why ADSB Exchange itself hasn't moved to a paid membership style approach like FlightRadar24 has. I was expecting the sale of the company to result in a paid style approach for the service and maybe that is still in the pipework but as of the current moment, it is not implemented. I would expect this might be because when the current feeder network started to feed their data, there was no explanation of what might happen should their data be sold. The data is currently available for purchase through the use of an application programming interface (API) so I would expect there is already some clause in place here. However, Sale to the general public comes under different regulations.
A big caveat here to end, I absolutely do not have all the information on how this works on a case by case basis and I have not read any contracts between a feeder and the website so this is just speculation. The point I am getting at is without proper management and legal advice/ mitigations IP as a general area can become an extremely tricky subject for businesses to deal with. I have no doubt that the aforementioned companies are acting with correct intent and taking the appropriate steps to maintain legal compliance.