Driving openness – the myths about data and software access in the Data and Cloud Policy

Abstract

Significance: • This article responds to the highly controversial recently published Draft National Policy on Data and Cloud and the related stakeholder commentary from a cyberlaw perspective. Selected issues regarding the ownership of scientific data, databases and processing software, within the intellectual property law framework, are summarised. The law on issues regarding computer science and software engineering, specifically decompilation and digital rights management, are discussed insofar as these matters are implicated in the Data and Cloud Policy. A call to conduct a rights audit is issued to those whose scientific research activity relies on controlled data access and/or those who have a proprietary interest in the economic value of data.