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PointsmanD
03-17-2006, 07:22 PM
The following is excerpted from:

WHEN THE CREATIVE IS THE ENEMY OF THE TRUE:
DATABASE PROTECTION IN THE U.S. AND ABROAD
By Amy C. Sullivan
AIPLA QUARTERLY JOURNAL, Summer 2001, Vol. 29, No. 3, pg. 317
http://www.oblon.com/files/news/42.pdf

Excerpt begins:
… the heart of Bloodstock Research Information Services, Inc. ("Bloodstock") is Richard F. Broadbent III, who in 1971 struck on the idea of compiling
bloodline data for thoroughbred owners and breeders in a comprehensive
database.

…During the early 1970's, Broadbent borrowed a computer terminal at
Kentucky Fried Chicken's Louisville, Kentucky headquarters during the
"graveyard shift" to cull relevant data.

… Broadbent was a personal friend of Kentucky Fried Chicken co-founder and former Kentucky Governor John Y. Brown, Jr….

…He emerged after several months with a set of encyclopedic tomes containing broodmare pedigrees and offspring records published under the collective title The American Produce Records.

…In 1974, Bloodstock, then named Bloodstock Research and Statistical
Bureau, purchased its first computer and began extracting racing statistics
from The Daily Racing Form. Bloodstock employees originally keypunched the data in, by hand, for distribution to customers by Telex machine.

…BRISNET (“BRIS”) is the name of Bloodstock's on-line service available
at www.brisnet.com.. "BRIS" is the acronym derived from the
company's full name Bloodstock Research Information Services.

End of excerpt.


While the initial compiling of data on a Kentucky Fried Chicken computer during the “graveyard shift” is simply described in the above excerpt as culling “relevant data,” without specifying the source of the data, the account explicitly states that data was later extracted from the Racing Form. The earlier data had to be culled from someplace and that someplace was most likely also the Racing Form.

In other words, the BRISNET “fortune” is based on copying a database, the Racing Form’s. Of course, this same copying is now something that they don’t want anyone doing with their information. For example, the above article also describes how BRIS sued someone who was re-selling data from their website.

It brings to mind this quote from Honore de Balzac:

“Behind every great fortune there is a crime.”

The irony is that it’s only a crime in BRIS’ eyes today when someone copies their data just as the founder copied data from the Form. The fact is that it’s still not a crime to copy data because data, such as the data sold by BRIS, Equibase and The Racing Form, cannot be copyrighted under US law.

toetoe
03-17-2006, 10:49 PM
There's the rub. The deepest legal pockets win, and the little guy goes t!ts-up.

Ideas are also theoretically unpatentable, but try waging that battle in court. :bang:

46zilzal
03-17-2006, 10:59 PM
I heard somewhere that the original database was to be a product of Boradbent and William Quirin and that the latter was "pushed out" of that equation.

ecaroff
03-17-2006, 11:26 PM
I'm told there's even more to the story in regards to how they originally obtained their pedigree database.

DeadCrab
03-18-2006, 08:58 AM
DRF coulda sued if it bothered them.

Perhaps BRIS paid royalties.

Perhaps there is no foul if the information provided by BRIS was fundamentally different from the presentation by DRF. For example, DRF provides the breeding data for each winner, but using this as a data source for a novel presentation or compilation of breeding statistics might not be a copyright violation.

I wouldn't assume it was criminal.

michiken
03-18-2006, 10:22 AM
So they are going to start hoarding the instant results too?

kenwoodallpromos
03-18-2006, 01:24 PM
The difference is races are open to the public, public info, only the format is protected; breeding, not done in front of public and not gov't sanctioned, info should be copyright protected.

ecaroff
03-18-2006, 01:59 PM
The difference is races are open to the public, public info, only the format is protected; breeding, not done in front of public and not gov't sanctioned, info should be copyright protected.

You must be kidding. Every horse entered in a race has the breeding in the program, PP's, etc. and is all over the Interent. Thousands of horses go through the sales - you think they buy these on looks? Nope, it's the pedigree.

46zilzal
03-18-2006, 02:01 PM
The difference is races are open to the public, public info, only the format is protected; breeding, not done in front of public and not gov't sanctioned, info should be copyright protected.
you are advocating that the public NOT see the pedigree???

kenwoodallpromos
03-18-2006, 05:25 PM
Go to Pedigreequery.com- the pedigree is free but you have to pay for the sire and mare records. The pedigree is required to be known to verify the horse is legit. Not the culled success of sires and mares. So they are proprietary.

ecaroff
03-18-2006, 06:31 PM
Go to Pedigreequery.com- the pedigree is free but you have to pay for the sire and mare records. The pedigree is required to be known to verify the horse is legit. Not the culled success of sires and mares. So they are proprietary.

This has absolutely nothing to do with the copyright issue.

PointsmanD
03-20-2006, 10:45 AM
DRF coulda sued if it bothered them.

Perhaps BRIS paid royalties....

I wouldn't assume it was criminal.

We can't say with certainty that DRF did not sue. But DRF could have sued even if they knew the data wasn't copyright protected, so the question of whether they sued is irrelevant.

The point of the post was that it wasn't criminal then, and is not criminal now. Yet BRIS and the other data suppliers say otherwise.

rrbauer
03-20-2006, 07:23 PM
PointsmanD posted:
"Excerpt begins:
… the heart of Bloodstock Research Information Services, Inc. ("Bloodstock") is Richard F. Broadbent III, who in 1971 struck on the idea of compiling
bloodline data for thoroughbred owners and breeders in a comprehensive
database."

For the sake of clarity, I believe that the person identified as R. F. Broadbent III, is R. F. Broadbent, Jr. R. F. Broadbent III is "Happy" Broadbent the current GM of BRIS; R. F. Jr. is his dad. In 1971, Happy would've been a very young kid and not likely to be using midnight-shift computer time.

Indeed, I don't think that Happy has ever used midnight-shift computer time!

ecaroff
03-20-2006, 07:30 PM
It was Happy's dad NOT Happy. I don't know about the I, II, III - the article probably got just about as confused as I am with all the MEEEEEssssss and IIIIIIIIIsssssssssss.

PointsmanD
03-23-2006, 05:15 PM
Perhaps BRIS paid royalties.

Perhaps someone with access to a copy of a 1970s edition of American Produce Records can check it for any reference to DRF.